Workers' Compensation

Unfortunately, many employees are injured or die on the job. Workplace accidents, repetitive behaviors, unsafe conditions, and more can cause employees to suffer an injury that prevents them from doing their job. In these situations, what are workers to do? Without the income they need, they may not be able to obtain proper medical care, pay their bills, and continue to lead the life they had before the accident.

The answer for many employees is workers’ compensation. Workers’ compensation is a benefits system that can provide wages and medical care to injured employees.

If you or someone you love has suffered an injury within the course and scope of your job, you may be eligible to file a workers’ compensation claim. With a combined 150-plus years of experience, the experienced workers' compensation lawyers at Morris James have helped many employees secure the benefits they deserve to protect their health and their livelihood. They understand the feelings and uncertainty experienced by someone in your position, and they can help you through this time.

We can help secure the best possible outcome in your case. Our lawyers give each client the personal attention they deserve. We'll speak with you about your case on a regular basis. In addition to providing thorough communication about the case itself, we'll strive to learn more about you and the circumstances that led to you getting injured at work. 

Our lawyers shape their strategies based on the details of each unique case. They decide whether to pursue negotiations or mediation, which are often better options than heading to court. You'll have input in every decision, and we'll move forward only when you feel comfortable with the plan. Our goal is to secure the best possible results for our clients, and that looks different for every case we take. 

Call 302.655.2599 for a free, no obligation consultation to learn more about your rights and how to pursue a claim. If you prefer, take a moment to fill out our online contact form for a prompt response from a member of our legal team.

Why was my workers' compensation claim denied?

People injured on the job in Delaware may be eligible for workers' compensation benefits such as medical expense coverage and temporary partial or total disability payments. However, not all workers' compensation claims are approved. 

Common Reasons Workers' Comp Claims Are Denied

• The injury wasn't work-related. To qualify for workers' compensation benefits, the injury must have occurred while the person was at work or performing job-related duties.

• The worker waited too long to inform their employer of the injury. Delaware workers should notify their employer of an injury and request medical treatment—in writing—as soon as possible.

• The injury is due to a preexisting condition. Employees can't claim workers' compensation benefits for injuries that occurred before their employment. However, workers may be eligible for benefits if the job aggravated an existing injury.

• The employee was under the influence of drugs or alcohol, or was roughhousing or engaging in horseplay at the time of the accident and injury. Though the Delaware workers' compensation system isn't focused on finding fault, some employee actions can disqualify them from receiving workers' compensation benefits.

• The worker failed to seek medical treatment. If the injury was so minor that no medical treatment was necessary—and no medical documentation exists to support the injury—the insurance company may be reluctant to approve the claim. A workers' compensation claim may also be denied if the employee sought treatment from a doctor not on the employer's list of approved physicians. 

• The employer disputes the claim. Paying out benefits to an injured worker can cause the cost of workers' compensation insurance to rise for the employer, which may lead some employers to deny even legitimate claims.

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