$ millions
recovered For our clients
You Deserve Compensation For Your Work Injury
If you were injured at work in Delaware, you may be entitled to medical care and wage benefits, but the workers’ compensation process does not always work smoothly.
Claims can be delayed, medical treatment may be questioned, and insurance companies often control key decisions early on. The steps you take now can directly affect what benefits you receive.
At Schmittinger & Rodriguez, we have served Delaware since 1961, focusing on practical, trial-ready guidance. We help injured employees understand their options and move forward with clarity, not guesswork.
If you have questions about your situation, you can request a consultation or call (302) 674-0140 to speak with an experienced workers’ compensation attorney.
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Understanding Workers' Compensation in Delaware
Workers’ compensation in Delaware is a no-fault system, meaning you can receive benefits even if no one caused the accident.
Most employers are required to carry workers’ compensation insurance, and claims are handled through:
The employer’s insurance carrier
The Delaware Office of Workers’ Compensation
The Industrial Accident Board (if there is a dispute)
From a practical standpoint, this means:
You do not need to prove fault
You do need to follow specific reporting and filing steps
The insurance company still evaluates and may challenge your claim
Workers' Compensation Benefits Available After a Work Accident
In Delaware, workers’ compensation benefits are meant to cover medical expenses and a portion of lost wages, depending on how your injury affects your ability to work.
Medical benefits
Workers’ compensation should cover reasonable and necessary medical care related to your injury, including:
Doctor visits and hospital care
Surgery, physical therapy, and prescriptions
Ongoing treatment for lasting conditions
In many cases, the employer or insurance carrier controls the initial choice of provider, which can affect how your treatment and your claim are handled.
Wage replacement (temporary disability)
If you cannot work, you may receive temporary total disability (TTD) benefits.
Typically 66⅔% of your average weekly wage
Subject to a state maximum
Begins after a short waiting period (usually after the third day of missed work)
If you return to work at reduced pay, you may qualify for temporary partial disability (TPD) to make up part of the difference.
Permanent disability benefits
If your injury results in lasting limitations, you may be entitled to additional compensation.
Permanent partial disability (PPD): Based on the affected body part and impairment rating
Permanent total disability (PTD): If you are unable to return to any gainful employment
These benefits are often disputed and depend heavily on medical evaluations.
Additional benefits
Depending on the situation, workers’ compensation may also include:
Vocational rehabilitation if you cannot return to your prior job
Mileage reimbursement for medical travel
Death benefits and funeral expenses for surviving family members in fatal cases
Workers’ compensation benefits are not automatic.
How your wages are calculated, how your injury is classified, and which doctor evaluates you can all affect what you receive.
That is where many claims become contested and where early legal counsel can make a difference.
What Our Clients Say
Most Common Questions
What Does a Delaware Workers’ Comp Lawyer Help With?
A Delaware workers’ comp lawyer helps you protect your benefits and handle problems that arise during your claim.
In many cases, people reach out when:
Medical treatment is delayed or denied
Wage benefits do not match the time missed from work
The insurance company questions whether it is a work-related injury
They are being pushed to return to work too soon
The goal is not to complicate the process; it is to make sure it is handled correctly from the start.
What Should You Do After a Workplace Injury?
The early steps are straightforward, but they are often where problems begin.
Report the injury to your employer as soon as possible (Delaware requires notice within 90 days)
Seek medical attention and follow treatment recommendations
Document everything, including missed work and medical visits
Confirm your claim is filed properly with the insurance carrier
Get guidance if something feels off, especially if benefits are delayed
Waiting too long to act or assuming everything is being handled can create avoidable issues.
Are Independent Contractors Covered by Workers’ Compensation?
Usually not, but in some situations, a worker classified as an independent contractor may still qualify under Delaware law.
What matters is how the work relationship actually functions, not just the label. Factors can include:
Who controls how the work is performed
Whether the work is part of the company’s regular business
How the worker is paid and classified
Misclassification issues come up frequently, especially in construction, delivery, and gig work.
If you were treated like an employee but labeled as a contractor, it is worth reviewing your situation with a Delaware employment lawyer before assuming you are not covered.
What are the Most Common Workplace Injuries?
Most on-the-job injuries or illnesses that arise may qualify.
Common workplace accidents include:
Back, neck, and joint injuries
Repetitive stress conditions, like carpal tunnel
Occupational illnesses or exposure-related conditions
Work-related motor vehicle accidents
Injuries involving workplace violence
Delaware law also allows claims where a pre-existing condition is aggravated by work.
Can You File a Lawsuit Outside of Workers' Compensation?
Sometimes, yes. If someone other than your employer contributed to your injury, you may have a separate third-party personal injury claim.
Workers’ compensation usually prevents lawsuits against your employer, but it does not apply to other responsible parties, such as:
A driver who caused a work-related accident
A subcontractor or third party on a job site
A property owner or equipment manufacturer
This matters because workers’ comp benefits are limited. A third-party claim may allow recovery for pain and suffering or additional financial losses that workers’ comp does not cover.
These cases need to be handled together. If a third-party claim is involved, the workers’ compensation carrier may have a lien on part of the recovery.
If your injury involved another person or company, it is worth reviewing this early, before evidence or deadlines become an issue.
Can a Workers’ Compensation Claim Be Denied?
Yes. Even valid claims can run into issues.
Common problems include:
Disputes about whether the injury is work-related
Delays in approving medical care
Disagreements about your ability to work
Incomplete or late reporting
If a claim is denied, you can file a petition and request a hearing before the Industrial Accident Board (IAB).
That process is more formal and requires preparation, including medical evidence and testimony.
Can Delaware Employers Retaliate For Filing a Workers' Comp Claim?
No. Delaware law prohibits employers from taking adverse action against you for filing a workers’ compensation claim.
If retaliation occurs, it may give rise to a separate legal claim beyond workers’ compensation.
How Long Do You Have To File a Delaware Workers' Compensation Claim?
In many Delaware workers’ compensation disputes, you have two years from the date of the accident to file a petition with the Industrial Accident Board. If the case involves an occupational disease, the deadline may be different and shorter.
Because timing can depend on the type of claim and how the injury or condition developed, it is smart to review the deadline early rather than assume you have two full years.
There is also a related timing issue earlier in the process: Delaware requires injured workers to notify their employer, and employers are expected to file a First Report of Injury after receiving notice. Those are separate from the petition deadline.
What Steps are Involved in the Workers' Compensation Process?
Most workers’ compensation cases in Delaware follow a similar path:
Injury is reported
Medical treatment begins
The insurance company reviews the claim
Benefits are paid or questioned
If disputed, a petition is filed
A hearing is scheduled before the Industrial Accident Board (IAB)
Some cases resolve quickly. Others take time, especially if medical opinions differ or benefits are contested.
How Schmittinger & Rodriguez Helps Injured Workers
We focus on making sure your case is handled properly and your benefits are protected.
That includes:
Filing and managing your workers’ compensation claim
Communicating with the insurance company
Reviewing benefit calculations and eligibility
Preparing for and handling IAB hearings
Addressing denied or delayed claims
You work directly with a skilled workers’ compensation attorney who understands how these cases are handled across Delaware.
Why Clients Trust Schmittinger & Rodriguez
Schmittinger & Rodriguez has served Delaware since 1961, providing A Tradition of Legal Excellence grounded in local experience.
Clients choose our law firm because:
We understand Delaware’s workers’ compensation system in practice, not just theory
We provide personalized attention, not a high-volume approach
We are familiar with local courts, agencies, and procedures
We represent clients across Dover, Middletown, and Rehoboth Beach
Speak with an Experienced Workers' Compensation Lawyer
After a work injury, it is normal to have questions about medical costs, lost wages, and what comes next. The process can move quickly, and not always in your favor.
If you want clear guidance on your situation, contact Schmittinger & Rodriguez.
Call (302) 674-0140 or request a free consultation online to discuss your next steps with an experienced attorney.