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Serving All Delaware Workers Comp Cases

What is Worker’s Compensation?

Worker’s Compensation is a means of payment for injuries which occur to you while you are at work. Even if you are negligent yourself, or a fellow employee is negligent which causes you injury, you are still eligible for worker’s compensation, as it is a no-fault system of payment. Under worker’s compensation you may receive total disability, which pays you 2/3 of your average weekly wage, payment for your medical expenses, partial disability, and permanency. Your eligibility for these payments depends on the seriousness of your injury, how long you were out of work, and whether or not your injury is permanent. Most reputable employers will set you up with worker’s compensation if you are truly injured on the job. However, some employers try to avoid worker’s compensation. If you are injured at work, it is a good idea to at least talk to an attorney about your case. If everything is being handled properly through the company, you may wish to wait a while before deciding whether or not you will file a permanency claim. Again, you should make all these decisions under the advice of an attorney.


What should I bring to meet with an attorney?

· Employer contact information
· Employer insurance information
· Doctor contact information
· Medical documents that relate to the accident
· Copy of the first report of injury
· Any correspondence between you and the employer
· Any correspondence between you and the employer’s insurance

If I am injured at work, what is the first thing I should do?

When you are injured at work, you should make sure to see a physician. If you need to be out of work, make sure you get a disability slip from that physician. Also, you should make sure that you notify your employer right away and that your employer makes a first report of injury to the Industrial Accident Board. If your injury is not reported within the first 90 days, you will waive that period of time for collection of worker’s compensation. If a worker’s compensation claim is not made at all within two years of the date of the accident, you will waive that claim.

If I am injured by an automobile accident while I am at work, am I also eligible for worker’s compensation?

If you are injured at work while driving an automobile, you are eligible for both worker’s compensation and no-fault benefits.  You also may be eligible for short-term or long-term disability.  You should make sure that your attorney is aware of all of these so that the attorney may coordinate benefits for you.

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