Why a Fast Offer After a Brain Injury Is Risky Not until your family knows what the injury is going to need. A signed release generally ends the claim against the people it releases, and the Delaware Supreme Court has refused to undo a release because a known injury turned out to be worse than...
Same Crash, Different Arguments for Riders The arguments can be different. The law is not. Delaware decides fault in a motorcycle crash the same way it decides fault in a car crash: who was careless, and whether the injured person’s share of the blame is greater than the other driver’s. As Heather puts it, “two...
Who Can Stop Your Workers’ Comp Checks in Delaware? No. Once you are receiving weekly workers’ compensation checks under an agreement or award in Delaware, the insurance company cannot end them on its own say-so. Under 19 Del. C. § 2347(d), compensation does not terminate until the Industrial Accident Board enters an award ending it...
Who Decides on a Denied Workers’ Comp Surgery? A denial from the workers’ comp insurance company is not the last word on your surgery in Delaware. Under 19 Del. C. § 2322, your employer has to furnish reasonable surgical, medical, and hospital services during your disability, and the Industrial Accident Board can require it to...
What a Delaware Labor Market Survey Is, and How It Can Affect Your Weekly Check That packet is a labor market survey. The insurance company paid a vocational expert to go find job openings it says you could work with your current medical restrictions, and the printouts are the exhibit it plans to use. The...
Two Separate Civil Claims Can Arise From One Delaware Fatal Crash A fatal Delaware crash can give rise to two separate civil claims: a wrongful death claim and a survival action. A wrongful death claim compensates qualifying family members for losses caused by the death. A survival action preserves the personal injury claim the deceased...
Coordinating Workers’ Compensation and PIP Benefits After a Delaware Work-Related Crash PIP pays a higher percentage of your lost wages, but only for up to two years or until you hit your policy limit. Workers’ compensation pays a smaller percentage, but it can continue far longer and covers medical treatment without the dollar cap that...
Why Workers’ Comp Benefits and FMLA Job Protection Are Not the Same Thing in Delaware No, it does not. That is one of the biggest myths injured workers run into in Delaware. Workers’ compensation pays you while you recover from a job injury. It does not hold your position open, does not guarantee you a...
What a Workers’ Compensation Commutation Actually Means for Your Benefits No. Not without finding out exactly what you would be giving up first. A fast settlement offer after a Delaware work injury almost always favors the insurance company’s timeline, not yours, and once you sign a commutation agreement, you cannot go back and ask for...
Why Delaware Law Won’t Let an Insurance Company Call It an “Independent” Medical Exam It is not independent, and Delaware law says so directly. The doctor is chosen by the employer’s insurance company, paid by the employer’s insurance company, and legally cannot be described as an “Independent Medical Examination” or “IME” on any document or...
Law Office of Heather A. Long. Calls may be recorded for quality and training purposes.
