Workplace injuries are common, especially among those who work in high-risk environments or with heavy machinery. While these injuries can range from the simple to the severe, any workplace injury could lead to medical bills, lost quality of life, and even lost wages. Therefore, to protect employee rights, the United States mandates employers of a certain size to purchase workers’ compensation insurance, much like how vehicle owners are required to insure their vehicles. This insurance helps cover medical damages for workplace injuries and helps ensure workers are protected from financial catastrophe in the event of a workplace accident.
However, workmans’ compensation claims are governed by complex laws that can obscure whether or not a claim is viable. The process of submitting a workers’ comp claim can be confusing, and certain key mistakes could damage a claim’s chances. Some claims may even be denied if handled improperly. Having access to skilled legal counsel like a Wilmington workers’ compensation attorney from Zavodnick & Lasky can help smooth over these issues and give clients confidence in their claims. Consider calling today at (215) 999-6742 to schedule a free consultation with an attorney to evaluate your workmans’ comp claim.
What Does Workers’ Compensation Cover in Wilmington?
Wilmington workers’ compensation insurance covers several possible outcomes from a workplace injury, with differing levels of compensation as per the severity of the injury. The primary form of coverage is the payment of medical benefits. Injuries often carry with them immediate costs for medical bills and treatment, which can vary depending on the amount of treatment required. Medical benefits may cover the costs of the services required to return the employee to health. However, the injury must be proven to be a direct result of workplace hazards or employment.
However, injuries may incur costs beyond simple treatment. When injuries are severe, employees may lose wages due to being unable to work during recovery or may have a permanent reduction in their earning capacity. According to the Wilmington Department of Labor, Wilmington workmans’ comp offers numerous forms of compensation, including temporary total disability for lost wages, temporary partial benefits for temporarily reduced working capacity, and permanent impairment benefits if the employee has their earning capacity permanently reduced. Workers’ comp may also provide disfigurement or death benefits in certain situations.
What to Do After a Workplace Injury in Wilmington
Workplace injury claims are often influenced by how the employee responds to the injury. As such, knowing proper protocol and following certain guidelines can help strengthen a claim and avoid it being denied. The first and most important step is to notify the employer immediately. Filing an incident report or injury report can help validate that the injury is work-related, and can prepare the employer to handle their end of the workers’ compensation paperwork. Equally important is to seek medical care. Medical bills and treatment records can strengthen a claim and may also provide proof of the extent of the damages. Many times, these two steps will happen together, as the employer may be able to provide or recommend a medical care professional.
After this, the employee must file a claim with their employer’s workers’ compensation insurance company. Generally, the employee must also notify their employer of the claim, as failure to do so could hurt the credibility of a claim. Once this is done, the employee can then follow the instructions of the insurance company to receive their compensation. However, claims are often denied on false grounds or misconceptions, which can complicate the claims process. A skilled Wilmington workers’ compensation attorney may be able to help ensure a claim is submitted properly and help negotiate with the insurance company.
Why Workers’ Compensation Claims Get Denied
While many workmans’ comp insurance companies are easy to work with and want to ensure the employee’s needs are met, this does not mean that every claim will get approved. Even valid claims can be denied for numerous reasons. Workers’ compensation insurance often works on strict deadlines. If a claim is not filed on time, according to Del. Code Ann. 19 § 2341, it may be denied. Additionally, it may be unclear if the injury occurred due to workplace hazards or if the condition was unrelated to the accident or preexisting. Poor documentation or records of the accident could also lead to a workers’ compensation claim being denied. While there are laws and regulations in place to prevent this, a denied claim could even be the result of employer retaliation or illegal practices.
What If a Third Party Was at Fault?
Some injuries are obviously a result of workplace hazards, such as when an employee is injured in an equipment failure on a job site or tripped on misplaced items or slippery floors in the workplace. However, it can be unclear if workers’ comp will cover injuries caused by third parties. Some common third-party workplace injuries could include the negligent behavior of third-party contractors, car accidents when traveling to, from, or for work, and injuries not related to working conditions specifically. These workers’ compensation claims may still be valid if it can be established that the employee was put into this situation due to the nature of their employment. However, the process of proving this connection may be challenging and require in-depth knowledge of personal injury law.
Speak With a Wilmington Workers’ Compensation Lawyer Today
Workmans’ compensation can be an incredible blessing to injured employees, providing financial peace of mind and medical coverage while they recover. Insurance can help them get back on their feet and reenter the workforce with confidence and security. However, it can also be complex and challenging to file a claim. Beyond that, making certain mistakes could lead to claims being denied, and this compensation and peace of mind could be lost. If a claim is denied, the process of challenging the decision can be time-consuming and stressful.
However, a skilled Wilmington workers’ compensation lawyer from Zavodnick & Lasky could help ensure that these claims are filed on time and the proper documentation is provided. Experienced legal counsel could help avoid these common pitfalls and give a claim a better chance at success. For more information, consider scheduling a free consultation with an attorney today by calling the office at (215) 999-6742.
