$ millions
recovered For our clients
You Deserve Guidance After a Serious Construction Site Injury
Construction work is dangerous, even when everyone follows the rules. When contractors, subcontractors, equipment operators, or property owners ignore safety responsibilities, a construction site can become life-changing in seconds.
At Schmittinger & Rodriguez, we help injured construction workers and their families understand what comes next. A serious work injury can mean medical treatment, time away from work, lost wages, and pressure from an insurance company before you fully understand your rights.
Our Delaware construction accident lawyers represent workers and other injured people across the state. From our Dover, Middletown, and Rehoboth Beach offices, we help clients determine whether they may have a workers’ compensation claim, a personal injury lawsuit, or both.
When a construction site injury was caused by unsafe conditions, inadequate training, missing safety equipment, or another party’s negligence, our attorneys can help investigate what happened and pursue the compensation available under Delaware law.
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Types of Construction Accident Cases We Handle
Construction accidents can happen in many ways, and the cause is not always obvious at first. In many cases, multiple contractors or companies may be working on the same site, which can complicate liability.
Our construction accident attorneys handle cases involving:
Falls from heights: Falls from ladders, scaffolding, roofs, and unfinished structures can cause traumatic brain injuries, spinal cord injuries, broken bones, and permanent disability.
Electrical injuries: Electrocution and shock injuries can happen when workers come into contact with live wires, exposed electrical systems, or improperly grounded equipment.
Struck-by accidents: Workers may be struck by falling objects, vehicles, tools, materials, or moving equipment.
Caught-in or between accidents: These injuries can occur when a worker is trapped between machinery, materials, equipment, or collapsing structures.
Heavy machinery accidents: Bulldozers, cranes, forklifts, backhoes, and other heavy equipment can cause severe injuries when operated or maintained unsafely.
Excavation and trench collapses: Cave-ins can be catastrophic when trenches are not properly supported, inspected, or protected.
Burn injuries: Workers may sustain severe burns from electrical contact, chemical exposure, fires, explosions, or unsafe materials.
Safety violations: Missing guardrails, faulty protective gear, unsafe scaffolding, poor signage, and other hazards can lead to serious injuries.
No matter how the injury occurred, our job is to look closely at the facts. A construction injury may involve workers’ compensation benefits, a third-party claim, or a lawsuit against a negligent contractor, property owner, equipment manufacturer, or another responsible party.
What Should I Do After a Construction Accident in Delaware?
After a workplace accident, your health comes first. Some construction accident injuries are immediately obvious. Others, including head, back, neck, and internal injuries, can worsen over time.
If you were injured on a construction site, you should:
Seek medical treatment as soon as possible.
Report the injury to your employer.
Document the scene if you can safely do so.
Get names and contact information for witnesses.
Keep records of medical bills, missed work, and related expenses.
Speak with a Delaware construction accident attorney before assuming workers’ compensation is your only option.
In Delaware, injured workers generally must notify their employer within 90 days of a work injury. Most personal injury lawsuits must also be filed within two years. Because these deadlines matter, it is wise to seek legal advice early.
What Our Clients Say
Posted on Google Avelardo Dominguez CorreoPosted on Google Julia M Pillsbury Great firm with a good variety of attorney specialists.Posted on Google Chris Chris Very happy with my experience with Scmittinger & Rodriguez. Mr. Fletcher and Joy made the process feel effortless. They were very professional as well as friendly. Would definitely recommend them.Posted on Google Kevin Smith Dianna Stuart, from the law firm of Schmittinger and Rodriguez provided legal representation for me in November 2024. She did not disappoint. I was concerned about many things when I initially spoke with her. I was anxious and very worried about my situation because my job was in jeopardy. When I talked to her, I could see that she was very knowledgeable. While she didn’t tell me what I wanted to hear so that I would feel better about my situation, she did explain to me the good, the bad and the ugly of my case. Nonetheless; the confidence in her demeanor let me know that she was going to fight for me. It sustained me through my court date. I knew that she was the one to represent me leading up to my case hearing. She would stay in contact and answer any questions that I may have had. On February 25, 2025, I left the court house elated of the outcome of my case. I will highly recommend Dianna to all of my friends and family who may need a good attorney. Thank you DiannaPosted on Google Pam Tijerino I want to thank my lawyer Mr. Schmittinger for all the hard he and his paralegal did to win case. I appreciate him for his excellence and performance as a great lawyer and gets the job done well. If you need help in your work comp situation he is the one to get it done. I'm deeply grateful for him. Thank you so much.Posted on Google Busra Kangal I had the pleasure of working with this law firm on two separate occasions, and I couldn’t be more impressed with their professionalism, dedication, and the outstanding service they provided. My first experience was after a car accident in 2019, and then again after another accident in 2020. Both times, the team went above and beyond to ensure I received the best possible representation and compensation. In particular, Mr. Junge, the attorney I worked with, was outstanding. From our initial consultation, he made me feel at ease by taking the time to thoroughly explain the legal process, answer all my questions, discuss the details regarding the accident. His expertise and attention to detail were evident every step of the way, and I always felt confident that my case was in capable hands. Additionally, Chantel Smith, the paralegal, was absolutely amazing. She was incredibly organized, efficient, and always had a positive attitude. She made sure that all the paperwork and documentation were in order and kept everything on track throughout both cases. Whenever I had a question or needed assistance, Chantel was quick to respond and offered clear, helpful guidance. Her professionalism and support were invaluable in navigating this process. Thanks to their hard work and expertise, both of my cases were handled smoothly and successfully, and I am incredibly grateful for their help. I would highly recommend this law firm to anyone in need of personal injury representation. Mr. Junge and Chantel are truly a dream team, and I’m so thankful for their dedication to achieving the best outcome for me.Posted on Google Elizabeth Evans Mrs. Stuart really went above and beyond to represent a family member of mine. Communication was excellent and fees were reasonable. Representation was professional and effective. Definitely recommend for services. Thank you!Posted on Google Samantha Boesenberg Extremely professional and always kept me up-to-date and informed. Highly recommend!Google rating score: 4.5 of 5, based on 115 reviews
Most Common Questions
What Injuries are Common in Construction Accident Cases?
Construction accidents can lead to long-term effects on health, income, and daily life. Some injuries require extensive medical treatment, surgery, rehabilitation, or ongoing care.
Common construction site injuries include:
Traumatic brain injuries
Spinal cord injuries
Broken bones
Crush injuries
Severe burns
Amputations
Electrical injuries
Back, neck, and shoulder injuries
Permanent disability
Fatal injuries
These injuries can create significant medical expenses, lost wages, emotional distress, and uncertainty about whether you can return to the same job. Our attorneys help clients understand what compensation may be available based on the specific facts of the case.
Who May Be Responsible for a Construction Accident in Delaware?
Construction accident claims can be complicated because job sites often involve multiple companies working simultaneously. The responsible party may not be your employer.
Potentially responsible parties may include:
General contractors
Subcontractors
Construction companies
Property owners
Equipment manufacturers
Vehicle operators
Architects, engineers, or inspectors
Other third parties working on the construction site
Workers’ compensation generally covers Delaware construction workers injured on the job, regardless of fault. However, workers’ compensation benefits do not cover everything. For example, they typically do not provide compensation for pain and suffering.
If someone other than your employer caused or contributed to the accident, you may also have a personal injury claim. Third-party construction accident lawsuits may allow injured workers to recover broader damages than workers’ compensation alone.
How Much Compensation Can I Recover After a Construction Accident?
The value of a construction accident case depends on the severity of your injuries, the cost of your medical care, your lost income, whether you can return to work, and who may be legally responsible.
Depending on the type of claim, compensation may include:
Medical bills
Future medical treatment
Lost wages
Loss of future earning ability
Pain and suffering
Emotional distress
Permanent disability
Wrongful death damages in fatal cases
Workers’ compensation benefits may cover medical expenses and part of your lost wages. A personal injury lawsuit may allow additional compensation if a third party’s negligence caused the accident.
A construction accident lawyer can review the evidence, identify all available insurance coverage, and help pursue fair compensation based on your injuries and losses.
Understanding Workers' Compensation and Personal Injury Claims
After a Delaware construction accident, many injured workers assume workers’ compensation is their only option. Sometimes it is. But not always.
A workers’ compensation claim may help cover medical treatment and wage-loss benefits after a job-related injury. These benefits are important, but they may not fully address the impact of a serious construction accident.
A separate personal injury lawsuit may be available when a third party caused or contributed to the accident. That may include a negligent subcontractor, a careless equipment operator, a property owner, or a manufacturer of defective equipment.
This distinction matters. Workers’ compensation and personal injury claims follow different rules, involve different damages, and may move on different timelines. Our attorneys help clients understand how these claims may work together.
The Benefits of Hiring a Delaware Construction Accident Lawyer
A serious construction accident can involve medical records, accident reports, OSHA issues, insurance coverage disputes, and questions about who controlled the worksite. Trying to manage all of that while recovering from an injury is a lot to ask of any worker or family.
An experienced construction accident lawyer can help by:
Investigating what caused the accident
Preserving evidence before it disappears
Identifying responsible contractors, subcontractors, or property owners
Reviewing safety regulations and possible OSHA violations
Evaluating workers’ compensation and third-party claims
Communicating with the insurance company
Calculating medical expenses, lost wages, and long-term losses
Preparing a personal injury lawsuit when a settlement is not possible
The goal is not just to file paperwork. The goal is to understand what happened, protect your rights, and pursue the compensation available under Delaware law.
Why Choose Schmittinger & Rodriguez?
Schmittinger & Rodriguez has served Delaware clients for more than 60 years. We are Delaware-based and Delaware-proud, with offices in Dover, Middletown, and Rehoboth Beach.
Our Delaware personal injury attorneys provide personalized attention to clients dealing with serious injuries, medical bills, missed work, and uncertainty about the future. We understand Delaware law, Delaware courts, and the practical challenges injured construction workers face after an accident.
When you work with our firm, we will take the time to understand your injury, investigate the accident, and clearly explain your legal options.
If you or someone you love was injured on a construction site in Delaware, contact Schmittinger & Rodriguez today to schedule a consultation.