Denied Workers' Comp Claims in Delaware — Your Options
What to do when your Delaware workers' compensation claim is denied, including dispute resolution and appeals.
Common Reasons for Denial
Claims are frequently denied for these reasons:
The Dispute Resolution Process
Claims heard by the Delaware Industrial Accident Board §19-2348.
Appeals
Appeal to the Superior Court of Delaware, then to the Delaware Supreme Court.
Independent Medical Examination (IME)
Employer may request, or the Board may order, a medical examination by a physician selected and paid by the employer; the employee may have a physician of the employee's own selection present at the employee's expense, and the exam may not be referred to as an 'Independent Medical Examination' or 'IME' (fine up to $500 for each such use) §19-2343. The IME results can significantly impact your claim.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
- Report the injury to the employer as soon as practicable; unless the employer has actual knowledge of the injury, notice must be given within 90 days after the accident, and no compensation is due until such notice is given or knowledge obtained