Who Is Eligible for Filing a Workers’ Compensation Claim?
Average workers throughout the state of Delaware suffer on-the-job injuries each and every day.
Unfortunately, many of these individuals have no idea that they are eligible for workers’ comp benefits. Instead, many of them tend to their own injuries and end up paying for medical treatment and other expenses out of their own pockets.
The fact of the matter is that, regardless of the nature of your injury, if it occurred while you were working you are almost guaranteed to be eligible to file a workers’ compensation claim. Even in situations where you’ve discussed your injury with your supervisor or other administrators at your workplace and they indicate that you’re not eligible, you should still take it upon yourself to verify your eligibility.
At the end of the day, it is possible that the monthly premiums paid to an insurance company by your employer could increase by you filing a claim. As a result, an employer can be inclined to tell an injured employee that they do not qualify for benefits because of “this or that” reason.
To be sure whether you’re eligible or not, and to learn more about how much compensation you can get for a work injury, contact a workers compensation attorney.
Does Workers’ Compensation Cover All Types Of Injuries?
Yes, if you’ve been hurt at work, it doesn’t matter what type of injury you’ve sustained.
Workers’ compensation is designed to cover all injuries and can even cover the cost of treating occupational illnesses as well. However, in some cases, it may be difficult to prove that the injury or illness was caused by your job.
How Much Does Workers’ Comp Pay and for How Long?
For a full explanation of the types of benefits available, we invite you to read our page on disability benefits. However, the shortlist of the benefits provided to injured workers in Delaware includes
- Temporary total disability (TTD)
- Temporary partial disability (TPD)
- Partial permanent disability (PPD)
What If I Caused The Accident That Injured Me?
Workers’ compensation is “no-fault” insurance. This means that even if your own actions contributed to the accident that ultimately caused you harm, you should still be covered. There are some exceptions to this, for example, if you were drunk or high on illegal drugs at the time of the accident, you may find that your claim has been denied.
What Do Workers Comp Lawyers Do?
An experienced workers compensation attorney will be intimately familiar with the claims process and be able to leverage this insight to your advantage.
Filing your claim can seem like a simple process, and indeed it can be if you don’t ask many questions. However, your lack of familiarity with the system can be used against you by the insurance company responsible for paying you.
Negotiating with the Insurance Company
Injury victims are likely to receive a settlement offer from the insurance company, via phone call or else, once they begin the claims process. Any associate you speak with may even be quite convincing in that the amount offered is generous. However, first offers are hardly ever the best ones.
Regrettably, most individuals wouldn’t know what a fair offer for their injury is; this often leads injured workers who don’t hire a workers’ compensation attorney to settle for less.
On the other hand, when you hire a workers’ compensation law firm to manage your case, they’ll be the ones communicating with the insurance company on your behalf. Not only does hiring workers’ comp attorneys take the pressure off you, but it also shows you’re serious about fighting for the compensation you deserve.
Is It Worth Getting a Workers Comp Attorney?
Deciding to hire a worker’s compensation lawyer can be quite a personal decision.
However, the difference that it can make in the total compensation you receive can be significant. Once more, legal experience often makes the difference in the end result. The workers’ compensation benefits you receive are likely to consider more aspects, such as long-term medical expenses, lost income and more, as long as you know to fight for them in your claim.
Any other factors specific to your circumstances, such as pre-existing conditions or repetitive stress injuries from your line of work, could also play a part in increasing your compensation. That is, as long as you have a lawyer who knows to demand all of the benefits you deserve.
How Much Does a Workers Comp Lawyer Cost?
A workers compensation lawyer will usually represent you on a contingency-fee-basis. This is exactly the case with the personal injury team at Schuster Jachetti LLP – you will only owe us legal fees if we’re able to successfully win workers’ compensation benefits for you.
The amount to be paid to your workers’ compensation lawyer is generally a percentage of your total case value.
What Percentage Does a Workmans’ Comp Lawyer Get?
The specific percentage your legal team will charge after they get the compensation you deserve can vary. Through a free legal consultation, you can learn more about the legal dues pertaining to your case.
Do I Need a Lawyer to Settle a Workers Comp Claim?
While filing a workers comp claim is a legal process, there is no requirement for a victim of workplace injuries to hire a workers’ comp lawyer. A savvy individual may be able to go through the entire process and obtain formidable compensation & benefits by themselves.
Yet, seeing as how it is insurance companies who are on the hook for paying out claims, one should expect more than just a bit of resistance when it comes to receiving benefits.
It bears repeating that these same insurance companies are private businesses and, as such, they must generate profits to stay alive. With this goal in mind, the companies will go out and hire experienced insurance adjusters who will analyze injured workers’ claims and find ways to reduce the amount of compensation. In other instances, they may even deny a claim outright.
When a workers’ compensation claim is denied for one or more reasons, the claimant may have the chance to appeal the denial. If they are not familiar with the process because they’ve never gone through it before, then it is unlikely that their appeal will be successful.
Ultimately, a victim of workplace injuries may be left without the fair settlement they deserve, or they may receive a settlement offer that is simply insufficient to cover the expenses they’ve incurred.
Call Our Delaware Workers Compensation Lawyers
You might think that you can navigate the workers’ compensation system alone but your chances of obtaining the maximum possible payout in a timely manner are greatly increased by working with an experienced lawyer.
At Schuster Jachetti LLP, our team of lawyers has more than three decades of experience helping injured workers. We pride ourselves on our dedication to the law and our excellent customer service. We treat each case as a unique claim because it is and we create a custom solution for each client.
Contact our local Delaware law office to learn more about how we help our clients with their workers’ comp claims, our past successes, and to have all of your legal questions answered.
