I Got Hurt At Work . . . Now What?

By Emily L. Raisis, Esq.

Knowledge is power. Unfortunately, most people know very little about workers’ compensation until its too late. Knowing how to handle your workers’ compensation claim early in the process can often result in a much stronger case.  

In most cases, workers injured in Delaware have two years from the date of injury to get their workers’ compensation claim accepted – this is called the statute of limitations. If your employer does not willingly acknowledge your claim within the appropriate timeline, you must file a petition with the Delaware Workers’ Compensation Department of Labor. Failure to get your claim accepted, or file a petition within the statute of limitations, may result in a reduced compensation or foreclose your recovery completely. 

While you have two years (for physical injury claims) to get your injury claim accepted, it is in your best interest to report the injury to your employer as soon as it happens. Timely reporting of the incident can ensure relevant and helpful evidence, such as witness statements and video, is properly preserved.  

Additionally, it is important to seek medical attention soon after your injury. What may seem like a minor injury at first, could later manifest into something more serious. 

Benefits can be confusing. A claim number does not mean your claim is accepted. Just because your employer has paid for benefits does not necessarily mean that your claim will be accepted. Employers can pay benefits “IN DISPUTE,” which means they are not obligated to accept your claim. 

Getting injured at work can be overwhelming and stressful for so many reasons. You may feel a little like David verses Goliath, fighting the deep pockets of the insurance company. It’s important to have a strong advocate in your corner. As workers’ compensation attorneys, we are not afraid to stand up to the insurance company and will fight to ensure you are getting all benefits to which you are entitled. If you were injured at work, make sure your benefits are protected. Contact one of our experienced workers’ compensation attorneys at 302-565-6100 for a free consultation.

Bio

A graduate of Catholic University and Widener School of Law, Emily L. Raisis, is a senior associate in the Newark office of Kimmel, Carter, Roman, Peltz & O’Neill, P.A.  

Emily has been with Kimmel Carter for more than a decade, starting out as a law clerk during her time at Widener law and becoming an attorney with the firm upon passing the Delaware Bar. Praised by the firm’s leadership for her superior research skills, legal writing and her strong rapport with clients, Emily is a zealous advocate for her clients.  She is barred in Delaware, Pennsylvania, New Jersey, and the U.S. District Court of Delaware. She is also a member of the American Association for Justice (AHA) and the Delaware Trial Lawyers Association (DTLA).  She was recognized by Delaware Today Top Lawyers 2023 and US News Best Lawyers One to Watch 2024.

Emily is a lifelong Delawarean and she is ready to do what it takes to get First State injury victims the compensation they deserve.  

Testimonials

“Emily Raisis is a terrific attorney and works with a fantastic team. She is knowledgeable and reassuring and I truly appreciate her assistance with my case. Thanks Emily!” ~ L.B.

“Emily, you and your staff were tremendous, always communicated updates even when sick. You were the perfect person for my case. You have great knowledge and communication skills. Thank you so much and I will recommend you always.” ~ S.S.