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If you have been injured while at work, you have a workers’ compensation claim.
As with our other personal injury cases, our workers’ compensation cases are taken on a contingent fee basis. This means there is no attorney’s fee unless the injured worker receives compensation in the form of lost wages, a lump-sum settlement, or an award.
We obtain medical records, negotiate with the employers insurer and we represent the client before the industrial accident board. If you're in need of a medical malpractice attorney, we can help with that too.
What to do if you have been injured while at work:
1. Report the injury no matter how minor it may seem at the time. The injury should be reported to either a designated manager or supervisor. Sometimes, an employer may deny that an injury ever occurred. This is why it is very important to report the incident. The closer in time to an injury that you report it, the more likely you will be able to prove that the injury occurred at the job site. In the event a dispute arises over the compensability of your claim, the initial report will be very important in proving your case.
2. Seek medical attention immediately. Do not wait. You may seek treatment from a physician of your choice. If you are seriously injured, you should proceed to an emergency room or urgent care facility. If your injury does not require a trip to the emergency room, call your primary care physician or family doctor and schedule an appointment. An employer may initially take you to a physician who has a contract with the employer. Be aware that you are not required to continue to treat with him or her. Delaware law provides that you may treat with the doctor of your choice.
3. Call Potter, Carmine to schedule your free initial consultation. Call the attorney promptly, even if you are assured by your employer that you will continue to be paid and that worker's compensation will take care of your bills. Never assume you are on worker's compensation. Certain documentation has to be completed and filed with the Delaware Department of Labor to document the fact that your injury is accepted as a compensable industrial injury. This applies not only to injuries such as back injuries, lacerations, amputations, burns, but also to repetitive use injuries such as carpal tunnel syndrome, "tennis elbow", plantar fasciitis, certain shoulder injuries, and other repetitive trauma. This also applies to industrial diseases such as asbestosis, exposure to chemicals, exposure to mold or allergic reactions to substances on the job site. Just because you are receiving a pay check and your employer is making sure your medical bills are paid does not mean that you are "on worker's comp".
4. Do not speak with an insurance adjuster or nurse case manager. Employees of the insurance company are trained professionals with an understanding of the worker's compensation law. He or she has access to attorneys for legal advice. You need a trained professional working for you!
5. Find out from your employer the name, address and telephone number of their worker's compensation insurance carrier. If you cannot obtain this information, your attorney should be able to obtain it for you.
6. Inform any physician you see about the history of your injury, including the fact that it happened at work and how it happened. There is no harm in giving doctors, hospitals, or therapists health insurance information if they insist on it. Make it clear, however, to your medical provider that it is a work injury. If you are asked to check any boxes or other questions on doctors' forms, make sure that you indicate that you were hurt on the job.
What to bring to your initial workers’ compensation consultation:
Medical documentation regarding your injury. Bring all emergency department discharge papers or documents received from any doctor seen for your injury.
Insurance carrier information if you have been contacted by the workers’ compensation carrier.
2 or 3 of your most recent paystubs
Driver exchange sheet if your work injury was the result of a motor vehicle collision
A valid identification card
Your health insurance card, including a Medicaid or Medicare card
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