Delaware is known for its booming nature. The state is associated with great businesses and companies. Employees work in different sectors, such as hospitality and construction. Due to this, accidents do occur, making injury claims a necessity.
Fortunately, the Delaware workers comp laws are there to protect you when you have a case that you want to prove in court and win. The workers comp statutes are meant to protect you as an employee against exploitation and neglect by your employer.
With respect to filing a compensation claim, there is usually a time limit for doing so. The law gives you up to two years to report the case. However, you are also expected to notify your employer within ninety days of the accident. In case of radiation-related injuries, filing should be done within a year.
What Damages Are Covered by the Workers Comp Laws?
This is a common question among most workers. Normally, all employers in the state of Delaware are legally obligated to provide their workers with insurance coverage.
Nevertheless, a few employers, especially the ones for farm laborers and domestic workers, do not, opening up the possibility for the worker to file a personal injury claim.
The Delaware workers comp laws cover job-related injuries and occupational illness. Since you have a ninety-day ultimatum to notify your employer about the injury or disease suffered, the whole process is not complicated. From slip-and-fall accidents to mental conditions, they are all eligible for monetary compensation.
How Are the Benefits of the Determined?
The whole point of the workers comp laws is to help you recover compensations for the damages experienced. Delaware calculates the compensation a little differently from other states.
You will be compensated based on the period that you’ve been working for the defendant. For example, the periods are categorized as less than thirteen weeks, thirteen to twenty-six weeks, and more than twenty-six weeks. The amount compensated also depends on the severity of the injury. Unfortunately, benefits for partial disabilities are limited to at least 300 weeks. The good thing about the medical benefits is that you can choose your own physician.
What About Disputes?
The Delaware workers compensation laws are very fair. If it happens that your claim is rejected, you can file a petition with help from a Delaware workers comp lawyer. In fact, you should do it as soon as you get the rejection from the workers compensation office.
The office board will then review your claim and determine if the denial is justified. The state will not assign an attorney to you during this time, and you’ll need to find one to represent you.
If the workers comp board gives its decision and you still do not agree with it, you can forward the petition to the Industrial Accident Board. The beautiful thing about the state of Delaware is that both the injured worker and the witness are protected from the employer’s retaliation.
What Follows Compensation?
The ultimate objective of the workers comp program is to rehabilitate you so that you can go back to work comfortably. Since you are protected from the employer’s vengeance, you can resume work (if capable) as soon as the damages are paid. It’s the responsibility of your attorney to ensure that you are fairly compensated and that you keep your job. You boss is hand-tied, and thus cannot fire you on this ground.
By and large, the Delaware workers comp laws are fair and effective for all employees. Nevertheless, the success of your case depends entirely on the evidence brought forward and the competence of your legal team. Therefore, you should find yourself the best attorneys to represent you. This will ensure that you come out of the courtroom compensated and smiling.