New Castle Workers’ Compensation Lawyers
30 years of experience fighting for injured and ill employees in Delaware
Workers in New Castle work in many different industries, including construction, retail, education, healthcare, food service, and more. Workplace injuries can occur in many ways, including slip and fall accidents, fatigue due to long hours, manual labor, working with machines, or many other reasons.
Delaware’s workers’ compensation system does not require injured workers to prove employer negligence, but benefits are limited. Eligible workers generally receive two-thirds of their average weekly wages, subject to statutory maximums. Workers may also be eligible for permanent disability benefits, though workers’ compensation does not pay for your pain and suffering. If you were injured on the job, contact us today to discuss your rights to benefits.
How can we help?
- What types of workers’ compensation claims do you handle?
- Who can file a workers’ compensation claim in Delaware?
- What should workers do if they are involved in a workplace accident?
- What types of workplace injuries and illnesses do you handle?
- Why might a company deny your workers’ compensation claim?
- What benefits does workers’ compensation pay?
- FAQs
- Do you have a New Castle workers’ compensation lawyer near me?
What types of workers’ compensation claims do you handle?
There are three basic types of workers’ compensation claims in Delaware. The types of claims are:
- Claims for work injuries. To file this type of claim, an employee must show that they suffered injuries due to a workplace accident during the scope of their employment. There is no requirement to show that an employer was negligent.
- Occupational illness claims. Employees who suffer an occupational illness during the scope of their employment can seek workers’ compensation benefits. The illness must be due to the employee’s job and not due to non-work-related causes.
- Death claims. Generally, dependents can file workers’ compensation death claims if an employee dies due to a work-related accident or illness. These benefits may include funeral expenses (subject to statutory limits) and income support for dependents.
Who can file a workers’ compensation claim in Delaware?
If Delaware requires that an employer provide workers’ compensation benefits, then, generally, only employees can file a workers’ compensation claim. Independent contractors are typically not covered, though misclassified workers may qualify as employees under Delaware law.
What should workers do if they are involved in a workplace accident?
If you’re hurt at work, taking the right steps early can help protect both your health and your right to workers’ compensation benefits. Here are a few things to consider.
Report any injury or illness right away
There are specific notice requirements that an injured or ill employee must meet. If you suffer a workplace injury, you must notify your employer of the injury within 90 days from the date of the accident. Late notice can delay benefits. The timeline for filing your workers’ compensation claim is two years for workplace injuries.
For occupational disease claims, filing deadlines depend on statutory accrual rules tied to disability and when the worker knew or should have known the condition was work-related.
Seek medical care
Injured workers should seek prompt medical care for their injuries. Often, this means seeking care at a local emergency room. Injured or ill workers have the right to seek medical care from ER departments, hospitals, family doctors, specialists, physical therapists, occupational therapists, psychologists, pharmacists, and other medical professionals, provided the medical care is for their workplace injuries or illnesses.
Delaware generally allows injured workers to choose their treating physician, subject to disputes over reasonableness, necessity, and employer-requested examinations.
Keep records
It helps if you keep records of the following:
- The names, locations, and dates you see your various healthcare professionals
- The date and method of notifying your employer about a workplace accident, your injuries, and/or an occupational illness
- The identity of any witnesses
- List of any medications you’re taking
Contact a New Castle workers' compensation attorney
When you call our New Castle workers' compensation lawyers, we can answer your questions and explain your rights. We can review your medical care (in some cases, we may recommend alternative medical care). Our lawyers can file a formal workers’ compensation claim. We can handle every part of your claim, including representing you at any court hearings before the Industrial Accident Board and fighting for the medical benefits, wage benefits, and other workers' compensation benefits that you may be entitled to.
Don’t agree to a settlement without consulting a workers’ compensation attorney
In most cases, once an Industrial Accident Board–approved settlement is finalized, additional benefits are not available. An insurance company does not have your best interests at heart. They want to pay you as little as possible. In some cases, hiring a lawyer may help injured workers pursue the full benefits available under the law.
What types of workplace injuries and illnesses do you handle?
The types of injuries workers suffer vary depending on the type of job they have, whether they work inside or outside, whether they perform manual labor (such as construction or factory work), do medical work, and many other factors. Some of the many types of workplace injuries and illnesses we handle include:
- Spinal cord damage
- Broken bones/fractures
- Head trauma, including traumatic brain injuries
- Back, neck, and shoulder injuries, including rotator cuff injuries
- Burns
- Hypothermia
- Vision or hearing loss
- Nerve, muscle, ligament, tendon, and other types of tissue damage
- Repetitive stress injuries
- Infectious diseases
- Respiratory illnesses
- Asbestosis
- Musculoskeletal disorders
Why might a company deny your workers’ compensation claim?
Your employer may deny your claim (legitimately or improperly) for the following reasons:
- You failed to give your employer proper notice
- You failed to file your workers’ compensation petition on time
- You’re not an employee
- Your injuries did not occur during the scope of your employment
- Your injuries are due to pre-existing conditions
- Your injuries are alleged to be caused by willful misconduct, intentional self-harm, or intoxication
- You fail to follow the advice of your doctors
- You fail to meet with your nurse case manager
- Many other causes
What benefits does workers’ compensation pay?
Medical costs
Your employer has a duty to pay for reasonable and necessary medical treatment during the period of disability, as needed, so you can obtain a proper diagnosis and treat your medical disorders, up to the time you reach maximum medical improvement (MMI). MMI is the point at which additional medical care is not reasonably likely to improve your health. You still have the right to compensation when you reach MMI and to receive medical care to prevent your health from worsening. You may also be entitled to some transportation funds to see doctors who aren’t local.
Temporary disability benefits
These benefits generally pay for up to 2/3 of your lost wages for as long as you can’t work. There are time limits for when temporary benefits start. These benefits stop once you reach the point of MMI. Some caps may apply.
Permanent disability benefits
Once you reach the point of MMI, an evaluation should take place to determine what type of injury you still have and the severity of the injury. Workers who have a qualifying permanent injury may be entitled to additional compensation for specific periods of time. The length of weeks that you can receive permanent disability benefits generally depends on the specific type of permanent injury you have.
Other benefits
Workers who qualify for workers’ compensation in Delaware may also be eligible for vocational rehabilitation benefits.
FAQs
What happens if I fail to report my injury to my employer within 90 days?
For accident injuries, failing to provide notice within 90 days can delay benefits until notice is provided, or the employer has actual knowledge.
Is my employer required to carry workers' compensation coverage?
Generally, Delaware law generally requires employers with at least one employee to carry workers’ compensation coverage, subject to limited statutory exemptions. The duty to provide coverage also applies to out-of-state employers with operations in Delaware, corporations, LLCs, partnerships, and sole proprietors with staff.
Independent contractors are generally excluded, though misclassified workers may qualify as employees. Certain agricultural workers may be exempt depending on the nature of the employment.
What happens if my employer doesn't carry workers' compensation coverage?
Your employer can be ordered to pay the benefits you deserve. They may also face additional penalties for failing to have coverage.
How does a workers' compensation case begin?
If a claim is denied or disputed, you may file a Petition to Determine Compensation Due with the Industrial Accident Board as soon as possible. The petition preserves your rights to benefits. You should not trust that your employer will pay you. You need to file a petition to protect your rights.
Is it possible for me to collect workers' comp benefits in New Castle and still file a lawsuit for compensation?
Employees who suffer a workplace injury due to the fault of a non-employer, such as a manufacturer of defective equipment, can generally file a workers’ compensation claim with their employer and a personal injury (or wrongful death) claim against the manufacturer.
We can explain whether the facts of your case justify both a workers’ compensation claim and a third-party claim.
Can the insurance carrier force me to get a second opinion on my diagnosis?
Yes. Employers have a right to request that you undergo a medical examination by a doctor your employer selects to review the status of your health. We can explain how to prepare for this examination. You have the right to continue seeing your own doctor. The employer examination is a way for your employer to examine how serious your injuries are and whether you can return to work.
Do you have a New Castle workers’ compensation lawyer near me?
Yes. Our lawyers have offices at the following locations, which are about 15-20 minutes away from New Castle:
- Wilmington Office. 1523 Concord Pike, Suite 400.
- Newark Office. 4134 Ogletown-Stanton Rd.
We also have an office at 300 High St. in Seaford, Delaware.
We also speak with workers who have work injury claims by phone and through Zoom, FaceTime, and other video platforms. If your injuries prevent you from traveling, we can discuss alternate arrangements.
Contact our New Castle workers’ compensation lawyers now
Taking care of your health after a workplace injury or illness can be costly due to the expenses of medical care. While you’re not working, you don’t have money for the medical bills or your daily living expenses. At Silverman, McDonald & Friedman, Attorneys at Law, we move quickly to file your claim. Please contact us to schedule a free consultation. We handle workers’ compensation cases on a contingency fee basis.