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  • Writer's pictureLinda L. Malkin, Esq.

The Do’s and Don’ts of Delaware Workers’ Compensation Claims

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Workers’ Compensation claims are vital lifelines for employees who suffer work-related injuries or illnesses.  Understanding the dos and don’ts of the Delaware Workers’ Compensation process can significantly impact the outcome of your case.

DO'S - Make sure to complete these for your workers' compensation claim

Promptly Notify Your Employer: The initial and most crucial step is reporting your injury or illness promptly to your employer. Delay or failure in reporting may jeopardize your claim's success.


Seek Immediate Medical Attention: After reporting the incident, prioritize seeking medical attention. Your health is paramount, and thorough medical evaluation documents the extent of your injuries, crucial for your claim.

Document Everything: Maintain meticulous records of all communications, medical reports, bills, and travel related to your injury. These documents serve as vital evidence supporting your claim.

Follow Medical Advice: Adhere diligently to your healthcare provider's treatment plan. Non-compliance could prolong recovery and cast doubt on the seriousness of your injury. Maintain Clear Communication: Foster open and transparent communication with your employer, attorney, insurer, and healthcare providers. Clear communication streamlines the process and prevents misunderstandings.

Seek Legal Counsel: Consider consulting an experienced workers’ compensation attorney to navigate legal complexities, protect your rights, and enhance your chances of a favorable outcome.

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DON'TS - When filing a workers' compensation claim, do not...

Exaggerate or Minimize Injuries: Honesty is key when describing your injuries. Exaggeration or downplaying could damage credibility and harm your claim's success.


Miss Deadlines: Delaware imposes strict deadlines for filing claims and appeals. Missing these deadlines could lead to claim denial or loss of appeal rights.


Reject Suitable Employment: If cleared by your healthcare provider for modified work, refusing suitable employment could jeopardize your benefits.


Engage in Unauthorized Activities: Avoid activities contradicting your reported injuries or limitations. Surveillance or social media posts showing contradictory behavior can undermine credibility.


At Kimmel Carter, our team of experienced attorneys is dedicated to guiding you through the Delaware Worker’s Compensation process. If you have been involved in an work accident, please call us for a free legal consultation at (302) 565-6100.



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