Delaware Employees: Important Things You Should Know About Workers Comp

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The Delaware Department of Labor requires Delaware businesses with as little as one employee to maintain workers’ compensation insurance. Basically, this insurance is about protecting employees’ rights in case of an injury sustained in the scope of their work duties.

So, you’re compensated for financial losses incurred, including medical costs, wages, rehabilitation, and even death benefits to beneficiaries if the injuries lead to your death. 

That said, here’s what you should know about your rights, responsibilities, and limitations under Delaware workers comp insurance:

You Can File a Workers’ Compensation Claim if Injured on the Job

If you’re injured on the job or develop an illness from your work, you can claim workers’ compensation to cater for your medical costs and wages for missed workdays. To initiate the claim process, you should report the injury to your employer, who will then give you a claim form to fill out and return for submission to the insurance company.

You Must Report Injury as Soon as Possible

While it’s your right to claim workers’ comp, waiting too long may deny you benefits even if the injuries are genuine. Ideally, you should report injuries immediately and no later than 30 days from the date of injury. Also, your employer may have an internal deadline for reporting injuries, and it may be as little as 24 hours. If you wait too long, your employer may have grounds to argue against you receiving compensation, and the insurance carrier may deny your claim.

You’re Entitled to Wage Compensation Until You’re Cleared to Go Back to Work

Workers’ comp doesn’t just reimburse you lost wages but also pays you two-thirds worth of your wages while you’re in recovery. That goes on for the entire recovery or until maximum medical improvement is reached. Usually, you can get workers comp for up to 104 weeks.

In case of Permanent Disability, You Can Receive Disability Benefits

Sometimes, full recovery is not possible, and you may have to live with a permanent disability. In this case, you start receiving disability benefits.

By Accepting Workers’ Comp, You Can’t Sue Your Employer

Workers’ compensation is a 50-50 comprise for you and your employer. So, your employer pays your benefits via an insurance carrier, and you can’t sue them for the injuries. The only time you can sue your employer is if they intentionally hurt you or were grossly reckless.

You Should Report Any Income Earned if Under Workers’ Comp

Taking up any paid work while on workers’ compensation is highly illegal. If caught, you may be asked to reimburse the insurance company and may even face legal action. So, if you earn any income while on workers’ comp, make sure you report it.

Delaware Workers Comp Insurance Protects You When Injured in the Line of Work

As a Delaware employee, you have every right to claim compensation if you’re injured within the scope of your work duties. So, understand the process, as well as your rights and obligations, to make the claim process easy for you. We hope you gained a little more information on the Delaware workers comp insurance process. 

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