Delaware Workers Compensation Lawyers

Delaware Workers’ Compensation Lawyers

Help when you suffer a work injury in and around Wilmington, Seaford, and Newark

If you are a hardworking American who is living paycheck-to-paycheck, you know that you may only be one serious injury away from a financial disaster. When that injury or illness occurs at work, however, you may be able to claim workers’ compensation benefits. Workers’ compensation is a state program that helps you keep on top of your bills, pay your medical expenses, and ensure that your family is secure while you recover from your injury or illness.

The Delaware workers’ compensation lawyers of Silverman, McDonald & Friedman understand how anxious you might feel. We have been helping injured workers in Seaford, Newark, Wilmington, and throughout the state for decades. We know you have questions and concerns and we are here to help. If you work here in Delaware, we are the firm you can trust to protect you and fight for you.

How can we help?

Case Results

$600,000 Awarded for Slip & Fall
$600,000 – arbitration award following a slip and fall
$1.5 Million Dollar Auto Accident Settlement
$1.5 million dollar settlement for young man injured in an intersectional accident
$400,000 Awarded for Injured Worker
Over $400,000 in benefits awarded after two appeals to the Supreme Court for injured worker in first ever case in...
$638,152 Settlement for Injured Worker
$638,152 settlement recovered for worker injured at work in an automobile accident with injuries to his neck, back and spleen.
$1,250,000 Workers Compensation Settlement
$1,250,000 lump sum settlement for a worker who injured her liver and spleen in a work accident.

What are the major industries in Delaware?

The rest of the country knows Delaware for its chemical processing, and for companies like DuPont. The truth is chemical and pharmaceutical companies are not necessarily our largest employers. Our worker’s compensation lawyers often represent clients who work in:

  • Construction
  • Healthcare
  • Manufacturing
  • Retail environments
  • Government (both state and federal)
  • Education
  • The financial sector
  • Hospitality
  • Restaurants
  • Many other workplace sectors

Related: 

What types of workplace accidents do you handle?

Whether you work in a warehouse, an office, or the great outdoors, we know what it takes to build a successful claim for temporary and permanent disability benefits. There is no requirement to prove fault in a worker’s claim. If you are an employee who is injured while doing your job, you have the right to seek Delaware workers’ benefits

The National Safety Council (NSC) lists the top three causes of work-related injuries as follows:

  • Overexertion and bodily reaction. These include non-impact injuries like repetitive stress injuries or trauma from excessive physical effort like repeated lifting, pushing, carrying, or throwing. Overexertion is one of the top workplace injuries.
  • Slips, trips, and falls. These types of accidents can include falling from heights or falls from the same level, as well as falling through a structure. Workers can also slip or trip on liquids, objects, and debris.
  • Contact with objects and equipment. This includes falling or moving objects, being caught-in between accidents, crushing injuries, or any type of physical trauma from being struck by equipment or materials.
Delaware Workers Comp Lawyer

What types of workplace injuries do you handle?

The NSC reports common injuries resulting from these types of accidents include back injuries, muscle tears and sprains, and cuts and lacerations. Other common workplace injuries include broken bones, traumatic amputation, spinal cord damage, traumatic brain injuries, vision loss, hearing loss, burn injuries, electrical injuries, and many other types of injuries.

We also represent employees who have questions about occupational illness claims, including coronavirus claims.

Can a Delaware workers’ compensation lawyer help my case?

Although you are entitled to compensation for work-related injuries, the company’s insurer may attempt to pay you less than you are entitled to or not pay you benefits at all. At Silverman, McDonald & Friedman, our experienced team of workers’ compensation attorneys can help make sure that you receive the full amount of benefits to which you are entitled, including payment for your medical expenses, lost income (up to the statutory limits), and any permanent impairment you suffer because of the work-related injury. If you are about to lose your benefits or your workplace injury has left you with a permanent disability, we can help get the answers and the solutions you need to get on with your life.

In addition to a workers’ compensation settlement, you may also be able to recover from any other third parties responsible for your injury. Our Delaware workers’ compensation lawyers can guide you through that process to help you obtain additional damages if they apply in your case. We accept workers’ compensation cases on a contingency fee basis, so you do not pay any fees unless we are successful at obtaining benefits on your behalf. When you work with Silverman, McDonald & Friedman, you work with a team who knows you and understands your needs.

What are the workers’ compensation laws in Delaware?

All Delaware employers with at least one employee are required to carry workers’ compensation insurance to cover those employees in the event of a work-related accident or disease. If you get injured while at work, you must take a few immediate steps to ensure that your benefits application will be accepted:

  • You must notify your employer immediately of your accident or occupational disease. Failure to give timely notice to your employer may mean that your workers’ compensation benefits claim will be denied.
  • You must also notify your employer if your work injury or disease keeps you from working, in order to preserve your right to collect for your lost wages.
  • You must see a doctor as soon as you can after the accident, and as regularly as needed. Delaware has a law that allows out-of-state residents to see a doctor in their own home state, as long as that doctor A) is a licensed doctor, and B) is willing to work with the State’s payment plan.

Regardless of the kind of occupational illness or work-related injury you have sustained, our team is prepared to help. We will explain the laws to you in language that makes sense, and answer all of your questions as quickly as possible.

What does it mean to settle a workers’ compensation claim in Delaware?

Once a worker who is receiving workers’ compensation benefits reaches that stage of maximum medical improvement – the stage where additional medical care is not likely to improve the worker’s health – a determination is made as to whether the worker has a permanent disability and the severity of that disability. At this point (and possibly other points of the medical care process depending on the injury or disease), the amount of permanent disability benefits can be determined along with the type and amount of medical care that worker will need for the rest of his or her life.

Instead of waiting for the wage loss payments to be made on a weekly or monthly basis and instead of waiting for the treatment to be performed, it is possible to settle the worker’s claim all at one time. A value is placed on the worker’s wage benefits and expected medical care. This sum, discounted to present-day value, can be paid directly to the worker. Our lawyers are skilled at showing what type of permanent disability and medical benefits you deserve and the current value of those benefits. We’ll explain the settlement process, including the pros and cons and review what type of commutation award should be granted.

What benefits can I claim?

Workers who have a valid workers’ compensation claim are generally entitled to the following benefits:

  • Payment for all reasonable and necessary medical care. These benefits include the treatment you need to maximize your health and also the treatment you need to make sure your health doesn’t get worse – for the rest of your life.
  • Temporary disability benefits. Workers should receive compensation in the amount of 66 and 2/3rds percent of their average weekly wages prior to the accident or illness until they reach the point of maximum medical improvement.
  • Permanent disability benefits. Once your health stabilizes, your injuries will be evaluated to determine if you have a permanent disability and the severity of the disability. Based on this analysis including the type of disability, you may be entitled to additional wage loss benefits.

Some workers may be eligible for vocational training so they can learn a new job. Some limitations and exceptions may apply. You may also be entitled to some transportation expenses.

Our Delaware workers’ compensation lawyers also represent families seeking death benefits after the loss of their loved ones. If you are covered under FELA or other federal claims acts, we can guide you through that process too.

Who can see my medical records?

If you file a workers’ compensation, the insurance carrier for your employer has the right to ask to see your medical records. Our lawyers work to limit this request to the medical care and treatment you need due to your accident only, and not due to other reasons. Your employer’s right to review your records must be balanced by your right to privacy.

In some cases, the insurance carrier may also request that you obtain an independent medical review. We’ll explain when you must have an independent medical exam and help you prepare.

Do you have any examples of successful workers’ compensation claims?

A few of our numerous workers’ compensation settlements and awards include the following:

  • $300,000 – workmen’s compensation commutation.
  • $300,000 – workmen’s compensation, client sustained a torn meniscus while in the course and scope of his employment.

Do you have workers’ compensation lawyers near me in Delaware?

Our accident and injury attorneys serve clients throughout the Delaware area, with offices in Seaford, Newark, and Wilmington:

  • 1523 Concord Pike, Suite 400, Wilmington, DE 19803
  • 300 High St., Seaford, DE 19973
  • 4134 Ogletown-Stanton Rd., Newark, DE 19713

We’ll answer your questions, review all your medical concerns with your physicians, and respond quickly and persuasively to any efforts by insurance companies or defense lawyers to deny or limit your claim.

Workers’ compensation attorneys fighting for the rights of injured workers in Delaware

The Delaware workers’ compensation lawyers of Silverman, McDonald & Friedman have more than a combined 100 years of experience helping our clients obtain the maximum amount of benefits available to them under the law. If you have suffered an injury or disease that makes it difficult for you to travel to our office, we will come to your home. You can call us directly or use our contact form to schedule a free consultation at one of our offices in Newark, Seaford, or Wilmington.