WORK ACCIDENTSWork Injury

Have you been injured at work? We can help.

PROTECTING YOUR WORKPLACE RIGHTS

We provide comprehensive legal representation for individuals in Delaware who have suffered harm due to work-related or liability accidents, including but not limited to incidents such as motor vehicle collisions, slip and fall accidents, dog bites, and product liability issues.

Work injuries refer to physical harm that occurs as a result of performing job-related tasks or being exposed to work-related hazards. These injuries can range from minor cuts and bruises to serious and life-altering conditions such as broken bones, traumatic brain injuries, or illnesses caused by exposure to toxic substances. Work injuries can have a significant impact on an individual’s health, financial stability, and ability to work, and may require legal assistance to obtain proper compensation and benefits.

Under Delaware Law, workers who are injured at (or, because of) work have access to 6 main benefits:

1. Medical Treatment Expenses
  • If you treat with a Delaware workers’ compensation-certified medical doctor, then your employer must pay for all medical treatment that is reasonable, necessary and related to your accident. We can help you choose which provider might be right for you.
  • You get to choose your doctor, therapist, x-ray facility, etc. However, some doctors may tell you they “don’t take workers’ compensation.” Or, you may want to seek treatment outside of Delaware. We will help you explore your options if this occurs.
  • You are entitled to mileage reimbursement to/from each medical appointment, up to 40 cents per mile.
2. Permanent Impairment Benefits
  • If you have permanent functional limitations as a result of your injury, then you may be entitled to a one-time lump sum payment for each affected part of your body. We can help to explain, and properly pursue, this benefit.
3. Total Disability Benefits
  • If you cannot work at all because of your injury, you may be entitled to tax-free lost wage benefits in the amount of 2/3 of your pre-accident average salary. (The payment amount is capped at a yearly published maximum limit).
4. Partial Disability Benefits
  • If you can work but you cannot earn as much as you once did because of your injury, you may be entitled to a tax-free partial wage loss benefit.
5. Disfigurement Benefits
  • If you have a scar or limp (or, if something is visibly physically different after your work injury) you may be entitled to receive a special one-time lump sum payment.
6. Death Benefits
  • A family and/or estate is entitled to receive certain benefits if a loved one passes away from a work-related condition.

Not all injured workers will qualify for all of these benefits. A free consultation with our attorneys can help you understand which benefit you may qualify for; how much money you might receive; and about how long the recovery process takes.

Frequently Asked Questions

Will workers' compensation cover all of my medical expenses related to my work injury?

Under Delaware law, workers’ compensation is intended to cover all necessary and reasonable medical expenses related to your work injury. This can include doctor visits, hospitalization, surgery, prescription medication, physical therapy, and other related medical expenses.

It is important to note that there may be limitations on what types of medical expenses are covered, and the medical providers you may treat with. Additionally, workers’ compensation will not cover medical expenses that are unrelated to your work injury, such as pre-existing conditions or injuries that occurred outside of work.

To ensure that your medical expenses are covered under workers’ compensation, it is important to follow the proper procedures for filing a claim and to provide all necessary documentation, such as medical records and bills, to support your claim. If you are having difficulty getting your medical expenses covered under workers’ compensation, it is important to seek the advice of an experienced workers’ compensation attorney who can help you navigate the claims process and ensure that you receive the benefits to which you are entitled. Contact Long & Greenberg to schedule your free consultation!

Can I receive wage replacement benefits if I am unable to work due to my work-related injury?

Under Delaware law, if you are unable to work due to a work-related injury, you may be entitled to wage replacement benefits through workers’ compensation. Specifically, workers’ compensation provides two types of wage replacement benefits: temporary total disability (TTD) benefits and partial disability (TPD) benefits.

TTD benefits are intended to replace a portion of your lost wages while you are unable to work due to your work-related injury. The amount of TTD benefits you receive will depend on your average weekly wage prior to your injury, and the duration of your benefits will depend on the severity of your injury and your ability to return to work.

TPD benefits are intended to provide compensation for any partial disability resulting from your work injury. This may apply to your injury if your doctor has released you to return to work with restrictions. The amount of TPD benefits you receive will depend on the severity of your impairment and how it affects your earning capacity.

It is important to note that there are certain limitations on wage replacement benefits, such as maximum weekly benefit amounts and limits on the duration of benefits. If you are having difficulty receiving wage replacement benefits through workers’ compensation, it is important to seek the advice of an experienced workers’ compensation attorney who can help you navigate the claims process and ensure that you receive the benefits to which you are entitled. Contact Long & Greenberg today to schedule your free consultation!

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