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You don’t go to work thinking, “What if I’m injured at work?” And, thankfully, for most employers, workplace safety has become an important concept. But, sometimes, work accidents do occur and it’s important for you to know what to do if you’re injured at work as well as your rights under Delaware Workers’ Compensation law.
Most importantly, if you are injured in a work accident, you should immediately notify your employer of the injury and if you need medical care, immediately request medical services. Under Delaware Workers’ Compensation law, you are not required to treat with a “company doctor” and you are free to choose the doctor you are most comfortable with, whether that be your family doctor or other specialist. As was recently reported in the News Journal, the Seaford-based poultry processor, Allen Harim Foods, sends its workers to a first aid station staffed by three emergency medical technicians who are not licensed in Delaware and overseen by an administrator with no medical training. Many Delaware workers believe that if they are injured at work they must treat where the employer tells them to treat. Under Delaware law, that is not true.
But, what happens after you have reported the work accident and you have seen a medical professional? Sometimes an employer does not want to assist its employee in making a Workers’ Compensation claim for fear that reporting a claim will increase its insurance costs. If your employer fails to assist you in obtaining the proper information for your Workers’ Compensation claim, you have rights. In Delaware, you can file an application with the Office of Workers’ Compensation for a hearing before the Industrial Accident Board. By filing an application with the Office of Workers’ Compensation, you will force the employer to acknowledge your work injury and pay for your lost wages and/or medical bills.
Workers’ Compensation is a complex area of the law and an experienced workers’ compensation attorney can assist you in understanding your rights and responsibilities. If you would like a free consultation to discuss a Workers’ Compensation claim, call the Wilmington Workers’ Compensation lawyers at Rhoades & Morrow at 302-427-9500 or contact us online. Rhoades & Morrow handles all personal injury and work injury cases throughout Delaware, including Wilmington, Hockessin, Newark, Glasgow, Bear, Middletown, Smyrna, Dover, Milford, Lewes, Georgetown, and Seaford, as well as any other community in New Castle County, Kent County, and Sussex County.
(The contents of this article are intended to convey general information only and not to provide legal advice or opinions. As legal advice must be tailored to the specific circumstances of each case, nothing provided herein should be used as a substitute for advice of competent counsel)