Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
After you report a workplace injury, Delaware law requires your employer to file an Employer’s First Report of Injury or Occupational Disease with the Division of Industrial Affairs within one week (19 Del. C. §2323). This First Report officially starts a workers’ compensation claim.
To verify that your employer or its insurance carrier has filed the claim, follow these steps:
- Request Confirmation from Your Employer: Ask HR or your supervisor for a copy of the First Report. Employers must provide you with documentation of filing.
- Contact the Insurance Carrier: Your employer’s insurer handles claim processing. Call the adjuster, request your claim number, and ask for written confirmation of the filing date and current status.
- Check with the Division of Industrial Affairs: The Office of Workers’ Compensation Claims maintains claim records. Call (302) 761-8219 or email [email protected]. Provide your name, date of accident, and employer to verify your claim’s status online or by mail.
- Submit a Freedom of Information Act Request: If you cannot obtain information, submit a written request to the Division of Industrial Affairs under the Delaware FOIA. Ask for all records related to your claim.
- File Directly if Needed: If your employer fails to file within one week, you may submit Form 300 (Employee Claim Form) directly to the Office of Workers’ Compensation Claims to initiate your claim.
Your employer must accept or deny liability within 30 days of filing (19 Del. C. §2324). If they deny, you can contest the decision by requesting a hearing before an Industrial Accident Board member.
Helpful Hints
- Keep written records of all injury reports, medical visits, and claim communications.
- Follow up in writing at least once per week until you receive confirmation.
- Ask for your claim number and use it in all correspondence.
- Maintain copies of medical records, bills, and receipts related to your injury.
- Consider consulting a workers’ compensation attorney if you face denials, delays, or lost paperwork.