Thank you for your interest in the Law Office of Andrea G. Green, LLC. You are now being redirected to Jacobs & Crumplar, P.A. since we joined forces in October 2019. Information regarding our practice and all our attorneys is now available on this page.

Workers' Compensation

Workers' Compensation is a system created by the Delaware Legislature, which provides benefits to workers who are injured on the job. Benefits include medical care, temporary disability payments and compensation for a permanent impairment. In the event of the death of an injured worker, benefits are payable to the family of the worker. Benefits may be paid voluntarily or it may be necessary to petition the Industrial Accident Board for relief.

Workers' Compensation Benefits:

  • Medical Benefits: All necessary medical treatment and hospitalization services are provided by the employer or their insurance carrier. The employee has the right to choose the treating physician.
  • Temporary Total Disability: If, due to an injury, there is lost time which extends beyond three days, temporary total disability benefits become payable starting with the fourth day lost. The benefit amount is 66⅔ percent of gross weekly wages up to a maximum established annually by the Secretary of Labor. It is important that your wage rate is properly calculated according to the statute. The Law Office of Andrea G. Green will make sure that you are being paid the maximum amount that is allowed by law.
  • Temporary Partial Disability: If the employee goes back to work part-time or at a lower rate than his/her pre-injury wage, the employee may be entitled to ⅔ of the difference between the pre-injury wage and his/her current wage. Partial disability may be received for a period up to 300 weeks.
  • Permanent Impairment: When a job-related injury or illness results in a permanent injury, benefits are based upon a percentage. This benefit may entitle you to a lump sum for any permanent damage you have sustained as a result of your work related injury. Our office can help you get the settlement you deserve.
  • Disfigurement: An employee may file a Petition for disfigurement one year after the accident or surgery for any scar, burn, or amputation related to the work injury. This is another lump sum benefit for which you may qualify.
  • Death Benefits: When a job-related accident or illness results in a worker's death, benefits are payable to the dependents of the worker as defined by the law. The Law Office of Andrea G. Green is available to assist families of deceased workers in obtaining all of the benefits to which they are entitled.

Frequently Asked Questions:

  • Who is covered?
    Employers with one or more employees are required to carry Workers' Compensation insurance. Certain requirements must be met in order to receive Workers' Compensation benefits. Some workers who are independent contractors, rather than employees, may not be covered.
  • What should you do if you are injured?
    • Immediately notify the employer in writing of the injury and request medical treatment.
    • Promptly notify the employer of any claim for lost wages.
    • If you fail to reach an agreement with the employer, a Petition should be filed with the Industrial Accident Board within two years of the date of injury.
  • What if an employer refuses to provide medical services and/or temporary disability benefits?
    If the employer denies the claim, the employee has two years from the date of accident to file a petition with the Industrial Accident Board. Employees should be aware that employers are required to be represented by attorneys. It is your right to hire an attorney to represent you against your employer. The Law Office of Andrea G. Green has many years of experience representing injured workers before the Industrial Accident Board.
  • Can an employer take action against a worker for filing a claim?
    The Workers' Compensation statute prohibits an employer from firing or in any other manner discriminating against an employee because the employee has claimed or attempted to claim Workers' Compensation benefits.
  • What is the legal procedure in filing a Petition?
    If the employee is represented by an attorney, the attorney completes all of the paperwork related to the Petition on the employee's behalf. Your chances of success are improved by hiring an experienced attorney to protect your rights.

Call for a free consultation. You will not be charged an attorney's fee unless we are able to obtain a recovery for you.