What happens when you are injured on the job? Well, it depends on which state you are working in. Each state has different workers comp regulations and guidelines. In this Workers Comp: Delaware Edition, we highlight the main points of Delaware workers comp.
Keys to Workers Comp, Delaware Laws
It’s voluntary, but may need to be petitioned- You have to report injury immediately
- Employers with one or more employees must have Delaware workers compensation insurance. To be succinct, all employers must have workers comp insurance.
- Independent contractors are not considered to be employees.
- A hearing may be filed in case of a failure to reach settlement for compensation “within two years of the date of accidental injury or one year of knowledge of the diagnosis of an occupational disease or an ionizing radiation injury” (Delaware DOL).
- There is no fee for filing a petition.
- An employer is forbidden by law from discriminating against an employee because they are on workers compensation or are going to testify at a Delaware workers comp hearing.
Tom Holland is experienced in evaluating lump sum offers. Early lump sum settlement offers may be encouraging, but Tom Holland will make sure you are not leaving anything on the table. If the disability continues to be treated without a definitive diagnosis and/or prognosis, prompt settlement may not be prudent. When and if to settle is your decision to make, but BEWARE. What’s the hurry? Please be cautious of an early settlement offer from a claims adjustor who suggests you do not need a lawyer. Our law office specializes in representing injured employees, and we know worker’s compensation law inside and out. You are allowed to represent yourself in worker’s compensation proceedings, but remember that the litigation is complex and your employer will be represented by an experienced workers compensation attorney. Don’t walk into court, unprepared and outnumbered.
Now that you have the keys you need to understand Delaware workers comp, don’t hesitate to get a lawyer to help you get the compensation you deserve. TMH Law is experienced with workers comp suits in the tri-state area. Contact us today for more information.
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