What To Expect After A Workplace Injury
If you were injured on the job, you are most likely covered by workers’ compensation, and your claims process should follow the steps outlined here.
We also include below warnings about obstacles that some injured employees must overcome. Potter, Carmine & Associates, P.A., in Wilmington, is available to provide personalized guidance.
The Usual Steps To Financial Recovery
For best results after an on-the-job accidental injury, follow the relevant steps as summarized from information provided by the Department of Labor’s Division of Industrial Affairs in Delaware:
- Immediately notify the employer in writing of the injury or occupational disease and request medical services.
- Notify your employer of any claim for compensation for a period of disability that goes beyond the third day after the accident.
- In case you and your employer disagree about compensation that you should receive, file an application with the Office of Workers’ Compensation for a hearing before the Industrial Accident Board within two years of the date of the accident.
- If the employer denies the claim, you have two years from the date of your workplace accident to file a petition with the Office of Workers’ Compensation.
- Once a petition is filed, a pretrial hearing will be scheduled by the Office of Workers’ Compensation.
- Depending on facts in each case, benefits may include one or more of the following:
- Medical benefits
- Temporary total disability (TTD) benefits
- Temporary partial benefits (TPB)
- Permanent impairment benefits (PI)
- Disfigurement benefits
- Death benefits
This list of steps is abbreviated for simplicity’s sake. For guidance at any point, consult with an attorney who can advocate for you and advise you about any potential third-party claim separate from your workers’ compensation claim.
Protect your rights and interests as you pursue all compensation that you are eligible for. Keep the following in mind:
- Don’t trust the workers’ compensation insurance company if you encounter roadblocks. Get legal advice.
- Don’t accept a lowball settlement offer if you have suffered a permanent impairment or disfigurement.
- Don’t make recorded statements.
- Don’t wait to speak with an attorney. Early legal counsel can prevent problems and help you overcome obstacles.
- A claim denial is not the end of your case. Be persistent.
We have helped many injured workers obtain compensation despite difficulties along the way.