Rhoades & Morrow

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Wilmington 302-427-9500 Bear 302-834-8484 Milford 302-422-6705 Lewes 302-550-0155

How Long Can I Receive Workers’ Compensation?

Bear Workers’ Compensation Lawyers dicuss how long an injured worker can collect Workers' Compensation benefits. Accidents on the job happen more often than you may think. According to the National Safety Council, over 12,000 workers are injured in work-related accidents each day. If you have sustained a workplace injury, you may be eligible for Workers’ Compensation. Most employers are required to carry Workers’ Compensation insurance. Worker’s Compensation provides medical and wage benefits to employees who either sustained an injury or developed a work-related illness. The length of time a person may receive Workers’ Compensation benefits may vary from state to state. You may receive Workers’ Compensation benefits until you are able to return to work.

If you developed a permanent disability, you may also be entitled to permanent disability benefits. Total disability benefits are given to employees who are unable to perform any type of work due to injuries sustained on the job. These injuries include losing a limb, or spinal and head injuries. Delaware also offers scheduled loss benefits for employees who had an amputation or had permanent loss of use of certain body parts. Scheduled loss benefits are given even if you do not miss work if the injury sustained is listed in Delaware’s schedule. If you sustain an injury that is not listed in the states’ schedule, you may receive an unscheduled award.

Death Benefits

If an employee dies on the job or due to a work-related illness, their family may receive death benefits. The amount of death benefits varies depending on the number of dependents the deceased employee has, as well as the employee’s marital status. Family members eligible for death benefits include:

  • Spouses
  • Children under the age of 18
  • A child who is under the age of 23 and is currently enrolled full-time in an accredited educational institute
  • A child, regardless of age, who has a disability and who depended on the worker at the time of death

How Long Do I Have to File a Claim?

The amount of time you must file a claim may vary from state to state. Typically, you have 30 to 45 days to notify your employer of your injury or illness. After giving notice to your employer, it is their responsibility to submit a report to the state’s Workers’ Compensation board. However, in the state of Delaware, you have 90 days to notify your employer that you were injured on the job. You also have two years to file a claim.

Bear Workers’ Compensation Lawyers at Rhoades & Morrow Represent Victims Who Have Sustained Workplace Injuries or Illnesses

Workers’ Compensation laws can be difficult to interpret on your own, but a Bear Workers’ Compensation lawyer at Rhoades & Morrow can help you through the process step by step. For a free consultation, contact us online or call us at 302-834-8484. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout the state, including the areas of Elsmere and Seaford.

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