Delaware Claimant's First Set of Interrogatories to Employer and Carrier is a critical part of the legal process in a workers' compensation claim. These sets of questions are aimed at obtaining relevant information and evidence from the employer and the workers' compensation insurance carrier. They help the claimant (injured employee) to understand the circumstances of their injury, gather evidence to support their compensation claim, and ensure that all parties have a fair understanding of the case. Here are key types of interrogatories commonly used in Delaware's workers' compensation claims: 1. General Information: — What is the full legal name and address of the employer? — Provide details of any other businesses the employer operates. — Identify the workers' compensation insurance carrier responsible for the claim. — What was the date of the alleged accident or injury? — Describe the nature and location of the workplace where the injury occurred. 2. Witness Information: — Provide a list with the names and contact information of all witnesses to the accident or injury. — State if any of the witnesses have already been interviewed or given written statements. 3. Employment Records: — Provide the complete employment history of the claimant, including dates, job titles, and duties. — Specify the claimant's salary, wages, bonuses, or overtime rates. — Provide a copy of the claimant's personnel file, including any disciplinary actions or warnings. 4. Accident Details: — Describe in detail how the accident occurred according to the employer's perspective. — Provide any incident or accident reports, photographs, or surveillance footage related to the incident. — State if the employer had any knowledge or notice of any hazardous conditions that may have contributed to the accident. 5. Medical Treatment and Records: — Provide details of any medical treatment received by the claimant, including dates and healthcare providers. — Request copies of all medical records, including diagnoses, prognoses, and treatment plans. — Provide any medical records or reports from company-appointed physicians or medical examinations. 6. Compensation Benefits: — State the types of compensation benefits provided to the claimant (e.g., temporary total disability or vocational rehabilitation). — Describe any wage-loss benefits the claimant is receiving or has received. — Specify the duration and amount of any disability or wage-loss benefits paid. It is important to note that the specific interrogatories used in workers' compensation cases may vary depending on the nature and circumstances of the claim. Claimants can tailor their interrogatories according to their legal strategy and the particular information they seek from the employer and carrier. Consulting an attorney specializing in workers' compensation law in Delaware can provide a claimant with guidance in drafting effective interrogatories and ensure compliance with relevant laws and regulations.
Delaware Claimant's First Set of Interrogatories to Employer and Carrier
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FAQ
The time limit for filing a workers' compensation petition with the Delaware Office of Workers' Compensation is two years from the date of the injury for work-related accidents.
Workers' Compensation is a system, created by the Delaware Legislature, which provides benefits to workers who are injured or who contract an occupational disease while working. The benefits include medical care, temporary disability payments and compensation for a resulting permanent impairment.
Failure to pay or late payment of compensable benefits can result in liquidated damages up to the amount of the benefits owed. Upon proper demand a carrier has 30 days to pay all benefits owed. At the expiration of 30 days damages accrue at 10% per day up to 100% of the amount due, plus attorney fees and costs.
Workers' Compensation is a system, created by the Delaware Legislature, which provides benefits to workers who are injured or who contract an occupational disease while working. The benefits include medical care, temporary disability payments and compensation for a resulting permanent impairment.
First Report of Injury: 10 days Waiting Period for TTD: 3 days Filing a claim (notice): 90 days Notice of Occupational Disease: 6 months Initial notice of denial or acceptance: 15 days after knowledge of alleged injury Payment or denial of Medical exp: 30 days from receipt of bills and records Payment of agreed upon ...
Anticipating the value of your benefits payments Delaware Code § 2326 provides workers' compensation payment be made at the rate of 66-2/3 percent of your weekly wages for loss of the following: An arm or leg: 250 weeks. A hand: 220 weeks. An eye: 200 weeks.
If you are served with a discovery request (Interrogatories, Request for Production of Documents, or Request for Admissions), you must respond in writing within thirty (30) calendar days of the date you received the request.