Get Your Workers’ Compensation Questions Answered
When you’ve been injured on the job, you may be afraid to report the injury for fear of losing your job. You may worry that your medical bills won’t be paid. Your concern for your finances and your family’s future may be overwhelming. If you caused the accident, you may even think you don’t have a claim.
At the Michael C. Heyden Law Office, we understand your worries and know how to proceed in workers’ compensation cases. Since 1982, we’ve been helping Delaware clients protect their rights and proactively pursue workplace injury claims. When an injury occurs on the job, it doesn’t matter who was at fault. It only matters that it occurred in the workplace or in the course of your employment. That is essentially the definition of a workers’ compensation claim.
Friendly, Compassionate Legal Advice
Workers’ Compensation FAQs
1.What is workers’ compensation? Workers’ compensation or work comp is the system set in place to help employees recover lost wages and expenses after being injured on the job.
2.What is disability insurance? This applies when an injury you receive causes you to become disabled, and you are unable to work for a period of time or permanently. Disability insurance could apply to injuries or illnesses that are work related or non work related.
3.When should someone file an injury report with their employer? Immediately. Workers who wait may waive the right to make a claim.
4.Is there a time limit for reporting injuries? Yes. But the best thing to do is report the injury right away to your employer.
5.What are the benefits? What can I recover? You may recover compensation for medical bills, lost wages, permanent injuries, disfigurement and scarring. In the event of death, survivors may be eligible for compensation.
6.How does it work? Who pays the claims? The injured worker does not pay. The employer or the employer’s workers’ compensation insurance company should pay the claims.
7.Does worker negligence factor into these cases? No. Workers’ compensation does not depend on if the worker caused the accident or injury.
8.How does the process of recovering workers’ comp work? Does the employee file a claim or does the employer? The employee notifies the employer of the injury or disease. The employee presents the employer with the medical bills. The employer should file the claim with the insurance company.
9.Types of injuries – No matter how big or small your injuries are, if they happened at work, they’re considered workplace injuries. Visit our on-the-job injuries page to see a representative listing of the types of cases we typically handle.
10.Can I lose my job? What if my employer retaliates? Employers are not allowed to retaliate against workers who’ve been injured on the job. An attorney can help protect these rights and make sure your employer does not break your employment rights.
11.What should a worker do if the claim is denied? The process after denial can get very complex. The employee must prove his or her case for the work comp claim. The worker must file a petition with the Office of Workers’ Compensation. The petition goes to a pretrial and may go to a hearing where the employee has to testify. The employee also has to arrange and usually pay for medical witness testimony and arrange for any other witnesses in the case. If you have an attorney, the attorney can take care of the details of the petition and the trial for you.