Injured Workers Eligible for Workers’ Compensation Benefits
Fighting for the Rights of all Workers Across Delaware
Workplace injuries and illnesses related to work accidents, such as slips, trips and falls; electrocution; cuts; bone fractures; head, back, or neck injuries; exposure to toxic chemicals; and repetitive tasks can require medical intervention and long recovery periods. Lost wages and high medical bills associated with workplace accidents can quickly devastate a victim’s financial welfare.
Workers’ Compensation benefits provide injured workers with compensation for lost wages and for the medical costs associated with a workplace accident. The Wilmington Workers’ Compensation lawyers at McCann & Wall, LLC represent employees that suffer job related illnesses and injuries. The dedicated team of Wilmington workplace injury lawyers work tirelessly to ensure that their injured clients receive the maximum amount of compensation available to them under the law.
Workers’ Compensation Laws for Employers
All employers in Delaware are legally required to provide Workers’ Compensation benefits to their employees, and absorb all costs associated with this insurance. Independent contractors and farm workers are exempt from the Workers’ Compensation benefits requirement. However, employers have the right to offer such benefits if they choose to provide them.
Construction contractors that hire construction employees cannot consider themselves to be independent contractors. If they are employing independent contractors, then they are considered employers.
When an employee is injured, it is the employer’s responsibility to file a First Report of Occupational Injury or Disease to the Office of Workers’ Compensation, and to their individual insurance carrier, within ten days.
Further, Workers’ Compensation laws make it unlawful for an employer to fire or discriminate against an employee that files or fights for Workers’ Compensation benefits.
Who is Eligible for Workers’ Compensation Benefits?
Any Delaware employee who suffers a work-related injury, or contracts a work-related illness, has the right to apply for Workers’ Compensation benefits.
Workers in the following industries can claim Workers’ Compensation benefits for eligible work-related injuries:
- Airline and airport workers
- City, state, and public employees
- Commercial truck drivers
- Construction workers, crane operators, roofers, and dock workers
- Electricians, plumbers, and union workers
- Industrial, factory, and warehouse workers
- Firefighters and police officers
- Gas and utility workers
- Healthcare workers
- Highway workers
- Office workers
- Railroad workers
- Restaurant and kitchen workers
- Sanitation workers
- Union workers
What to do Following a Workplace Injury
Whenever a workplace accident occurs, the employer must be notified, even if there are not noticeable injuries. Small accidents can lead to delayed injuries, which may become evident during the healing process. Broken bones, sprains, strains, muscle tears, and physical or cognitive consequences may show up two to three weeks after a work-related accident. Documentation is vital to benefits approval.
Employees should insist upon a medical examination after a work-related accident. A qualified medical professional can document the employee’s condition, order tests to confirm a diagnosis, and provide details of the physical, neurological, or cognitive effects related to the accident.
For example. a worker that suffers a concussion after a workplace accident may not show disabling cognitive consequences until weeks or even months after the accident. Traumatic brain injuries (TBI) are typically diagnosed months to even a year after the initial injury occurred.
Workers’ Compensation benefits are designed to help injured employees recover from their injuries or illnesses without the stress associated with the financial burdens resulting from the accident.
Employees are entitled to lost wage benefits equivalent to two-thirds of their salary. The lost wage compensation is not taxable; therefore, it provides compensation close to the wage earner’s salary. Eligibility for these benefits begins immediately.
Compensation is also provided for all medical bills associated with the work-related injury. Hospitalizations, surgeries, doctor visits, physical or cognitive therapy, and prescription medications are all covered. Should the victim require medical services in the future due to the injury sustained, these costs would be covered as well.
For example, a worker that requires corrective surgery two years after injuring their back at work would still have their medical bills covered by Workers’ Compensation benefits.
Wilmington Workers’ Compensation Lawyers at McCann & Wall, LLC Help Injured Workers Claim Benefits
If you have been injured in a workplace accident, call the Wilmington Workers’ Compensation lawyers at McCann & Wall, LLC at 302-888-1221, or contact us online to schedule a consultation today. We serve clients throughout Delaware, including Wilmington, Dover, Middletown and Newark; Pennsylvania, including Philadelphia, Delaware County, and Chester County; and New Jersey.