Middletown Workers’ Compensation Lawyers

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Injured Workers Must Seek Compensation For Work Injuries

Workers’ compensation injuries can have a profound emotional and traumatic impact on individuals and their families. Suffering injuries in the workplace can shatter a person’s sense of safety and security. The physical pain and limitations resulting from an injury can lead to feelings of frustration, helplessness, and loss of independence.

The financial strain caused by medical bills, lost wages, and ongoing rehabilitation can add to the emotional burden. Workers may also experience anxiety and fear about their ability to return to work and support their families. Moreover, the psychological impact of a workplace injury, such as post-traumatic stress disorder (PTSD) or depression, can further exacerbate the emotional toll.

As Delaware workers’ compensation lawyers, we understand how complicated workers’ compensation cases can be. We know that suffering workplace harm can be a life-changing event. Navigating the workers’ compensation system can be overwhelming, with complex paperwork, delays, and disputes. Dealing with insurance companies and potential employer conflicts can heighten stress and anxiety.

We pride ourselves on providing top-notch legal representation to help workers receive the compensation they are entitled to. Our team of workers’ comp attorneys is passionate about helping our clients achieve the best possible outcome from their claims. We believe in providing personalized attention to each client and treating every case as a top priority.

Delaware Workers'
Compensation Law

Delaware’s workers’ compensation law is a legal system designed to protect employees who have sustained job-related injuries or illnesses. Employers must obtain employee insurance per the Delaware Workers’ Compensation Act. If an employee is injured or falls sick while performing their job duties, they are entitled to benefits provided by this act from the employer’s insurance company.

Here are some key provisions of the workers’ comp law in Delaware:

  1. Coverage: All employers in Delaware are required to carry workers’ compensation insurance. This includes full-time and part-time employees, as well as some independent contractors.

  2. Benefits: In Delaware, benefits may include medical costs, wage replacement, and vocational rehabilitation. The benefits depend on the severity of the injuries or illnesses and the employee’s average weekly wage.

  3. Time Limits: In Delaware, injured employees have two years from the date of the injury to file a claim. If the injury is an occupational disease, the employee has two years from the date they knew or should have known about the disease to file a claim.

  4. Disputes: If there is a dispute over benefits, the employee can file a petition with the Delaware Industrial Accident Board. The board will schedule a hearing and decide on the issue.

  5. Retaliation: It is illegal for employers to retaliate against employees for filing a claim. If an employer retaliates, the employee may be entitled to additional damages.

Overall, the law in Delaware is designed to provide injured workers with the financial support they need to recover from their injuries and return to work. If you have been injured on the job, you must speak with experienced workers’ comp lawyers who can help you navigate the complex legal system and ensure you receive the benefits you are entitled to under the law.

Get Started Today

Contact Schmittinger & Rodriguez

If you have been injured due to someone else’s negligence, don’t hesitate to contact Schmittinger & Rodriguez. Our experienced attorneys will provide you with the legal counsel and representation that you need to get the best possible outcome for your case. Contact us today for a free consultation – YOUR CASE. OUR PRIORITY.

our reviews

What Our Clients Say

Brian Jenkins
2023-10-05
Mr Catts went above and beyond to handle my complicated case. The level of professionalism is second to none. The staff and Mr. Catts were kind, courteous, and listened to my concerns with compassion. I would recomend this firm to anyone needing legal help. They earned my trust in am amazing way.
Linda Wilson
2023-10-04
Mr Catts and his legal team went above and beyond for me. They never stopped pursuing all avenues to get the compensation that I deserved. The staff was courteous and showed compassion. I felt like they really cared about my injuries. I highly recommend their services to anyone
Tatiana Sida-Amor
2023-09-17
I was recommended to this law office by my doctor after my car accident in the summer of 2021. I ended up working with Mr. Catts. I appreciate how forthcoming and hardworking he was about my case. The office is extremely professional to ensure that I got the best settlement that I could get. The open communication eased my mind and allowed me to handle things I needed to for myself. Definitely recommend them if you want lawyers that give you results.
Kathyjo Mays
2023-09-07
I recommend them highly and have referred them to many of my friends and family. Very informative and def kept me up to date about my case. Schmittinger & Rodriguez def worked very hard for me.
Mary Zober
2023-09-06
The staff is friendly and makes you feel comfortable. The firm worked on getting my settlement and kept me informed every step of the way.
Sharonda goode
2023-08-15
Great experience! Doug Catts, Ryan and Ms. Kaye are awesome to work with. Very professional, friendly & knowledgeable. They are expensive. But get the job done & in a timely manner. I use Mr. Catts for all my legal needs.
Hot Box237
2023-08-15
I will recommend this lawyer to any one, I feel like crying. He is kind, patient and a good listener. He solved your problem and at the end advice you. Thank you very much.
Cheryl Rowe
2023-08-15
Doug is personable…assertive and he will get the job done!
Patsy Ware
2023-08-14
Schmittinger and Rodriquez attorney Doug Catts is the best, I highly recommend him. As an attorney he is forthright, honest, transparent and sincere. Doug Catts and his staff are amazing.

Delaware's Workers' Compensation Eligibility

Most employees who experience a work-related injury or illness can access workers’ comp benefits. This covers full-time and part-time employees and some independent contractors who meet specific criteria. For instance, individuals who perform tasks vital to the employer’s business may qualify. In most cases, even if the employee was responsible for their injury or illness, they are still eligible for benefits.

However, there are some exceptions to this rule. For example, workers’ comp insurance may not cover domestic workers, casual employees, and certain agricultural workers. Additionally, some volunteer workers may not be eligible for benefits, although some employers may choose to provide coverage for them.

It is important to note that benefits are typically paid regardless of fault. This means that even if the employee was partly responsible for their injury, they may still be entitled to coverage. However, if the employee was under the influence of drugs or alcohol at the time of the injury, they may be ineligible.

Injuries That Qualify For Workers' Compensation In Delaware

In Delaware, the Workers’ Compensation Act benefits employees who have suffered an injury or illness arising from and during their employment. Here are some of the most common types of claims:

Traumatic Injuries:

  • Broken bones

  • Sprains and strains

  • Back and neck injuries

  • Concussions and other head injuries

  • Burns

  • Cuts and lacerations

  • Amputations

  • Eye injuries

Repetitive Motion Injuries:

  • Carpal tunnel syndrome

  • Tendonitis

  • Bursitis

  • Epicondylitis (tennis elbow)

  • Rotator cuff injuries

  • Trigger finger

Occupation Illnesses:

  • Cancer

  • Lung disease

  • Hearing loss

  • Asbestosis and other asbestos-related diseases

  • Mesothelioma

  • Skin conditions

  • Repetitive stress injuries

Work-Related Diseases and Conditions:

  • Infectious diseases (e.g., hepatitis, HIV, COVID-19)

  • Stress-related conditions (e.g., anxiety, depression, post-traumatic stress disorder)

  • Heart attacks and strokes caused by work-related stress

Injuries Caused by Workplace Violence:

  • Assaults by co-workers or customers

  • Robbery-related injuries

  • Injuries caused by domestic violence that spills over into the workplace

Injuries Caused by Motor Vehicle Accidents:

  • Car accidents that occur while on the job

  • Delivery drivers who are injured while making deliveries

  • Truck drivers who are injured while driving or unloading cargo

Slip and Fall Injuries:

  • Falls from ladders or scaffolding

  • Slip and fall injuries on wet or uneven surfaces

  • Falls down stairs or from elevated areas

It is important to note that this list is not exhaustive, and there may be other types of workplace injuries that qualify for compensation in Delaware. If you have been injured on the job, you must speak with experienced workers’ comp lawyers to determine your workers’ comp benefits and your rights and options under the law.

The Workers' Compensation Benefits In Delaware

Delaware’s workers’ comp benefits are designed to provide financial support to employees who suffer job-related injuries or illnesses. For an on-the-job injury, coverage may include:

  1. Medical Expenses: Delaware law covers all reasonable and necessary medical costs related to work-related injury or illness. This includes doctor’s visits, hospital stays, surgery, medication, physical therapy, and other medical treatments.

  2. Wage Replacement: Employees who cannot work due to a work-related injury or illness may be entitled to wage replacement benefits. In Delaware, wage replacement is typically calculated as a percentage of the employee’s average weekly wage. The wage replacement amount depends on the injury’s severity and how long the employee cannot work.

  3. Vocational Rehabilitation: Employees may be entitled to vocational rehabilitation services if they cannot return to their previous job due to a work-related injury or illness. These services may include job training, education, and other support to help the employee find new employment.

  4. Permanent Disability: If an employee suffers a permanent disability due to a work-related injury or illness, they may be entitled to permanent disability benefits. The amount depends on the extent of the disability and the employee’s average weekly wage.

  5. Death Benefits: If an employee dies due to a work-related injury or illness, their dependents may be entitled to death benefits. These may include compensation for funeral expenses and ongoing financial support for the employee’s dependents.

It is important to note that Delaware’s benefits vary depending on the specific circumstances of the injury or illness. If you have been injured on the job, you must speak with an experienced workers’ comp attorney who can help you understand your rights and options under the law.

Compensation You Can Collect If You Have Been Injured

Unfortunately, there is no straightforward answer to this question as the amount of compensation a client may be entitled to will depend on various factors unique to their case.

One of the most important factors is the severity of the injury and the extent of the damages suffered. For example, a client who has suffered a catastrophic injury such as a traumatic brain injury or spinal cord injury may be entitled to significantly more compensation than a client who has suffered minor injuries such as cuts and bruises.

Another factor that will impact the amount of compensation a client may be entitled to is the liability of the responsible party. If the other party is clearly at fault for the accident or injury, the client may be able to recover a higher amount of compensation than if there is some question as to who is at fault.

Here are the factors that can impact the amount of compensation an injured person may be entitled to:

    • The severity of injury: Catastrophic injuries such as traumatic brain injuries or spinal cord injuries may result in significantly higher compensation than minor injuries such as cuts and bruises.

    • Liability: If the other party is clearly at fault for the accident or injury, the client may be able to recover a higher amount of compensation than if there is some question as to who is at fault.

    • Types of damages: Clients may be entitled to recover compensation for various damages such as medical expenses, lost wages, pain and suffering, property damage, and punitive damages.

    • Future expenses: Clients may also be able to recover compensation for future medical expenses and lost wages if they require ongoing medical care or are unable to work in the same capacity as before the injury.

In general, there are several types of damages that a client may be entitled to recover in a personal injury case. These may include:

    • medical expenses

    • lost wages

    • pain and suffering

    • property damage

    • non-economic damages

    • punitive damages

The amount of compensation a client may be able to recover for each of these damages will depend on the specific circumstances of their case. Our Dover DE lawyers are all too aware of the types and severity of injuries and how they can impact a person and their family. In the end, it’s the job and the goal of experienced personal injury lawyers to recover the maximum compensation allowed under the law.

Compensation You Can Collect If You Have Been Injured

Unfortunately, there is no straightforward answer to this question as the amount of compensation a client may be entitled to will depend on various factors unique to their case.

One of the most important factors is the severity of the injury and the extent of the damages suffered. For example, a client who has suffered a catastrophic injury such as a traumatic brain injury or spinal cord injury may be entitled to significantly more compensation than a client who has suffered minor injuries such as cuts and bruises.

Another factor that will impact the amount of compensation a client may be entitled to is the liability of the responsible party. If the other party is clearly at fault for the accident or injury, the client may be able to recover a higher amount of compensation than if there is some question as to who is at fault.

Here are the factors that can impact the amount of compensation an injured person may be entitled to:

    • The severity of injury: Catastrophic injuries such as traumatic brain injuries or spinal cord injuries may result in significantly higher compensation than minor injuries such as cuts and bruises.

    • Liability: If the other party is clearly at fault for the accident or injury, the client may be able to recover a higher amount of compensation than if there is some question as to who is at fault.

    • Types of damages: Clients may be entitled to recover compensation for various damages such as medical expenses, lost wages, pain and suffering, property damage, and punitive damages.

    • Future expenses: Clients may also be able to recover compensation for future medical expenses and lost wages if they require ongoing medical care or are unable to work in the same capacity as before the injury.

In general, there are several types of damages that a client may be entitled to recover in a personal injury case. These may include:

    • medical expenses

    • lost wages

    • pain and suffering

    • property damage

    • non-economic damages

    • punitive damages

The amount of compensation a client may be able to recover for each of these damages will depend on the specific circumstances of their case. Our Dover DE lawyers are all too aware of the types and severity of injuries and how they can impact a person and their family. In the end, it’s the job and the goal of experienced personal injury lawyers to recover the maximum compensation allowed under the law.

What Should I Do

If Injured On The Job?

Work injuries happen every day. They may be auto accidents or catastrophic injuries. In any case, a worker is entitled to compensation for serious injury even if the employer refuses or the employer denies any wrongdoing on their part.

If you are injured on the job in Delaware, there are several steps you should take to ensure that you receive the benefits you are entitled to:

Remember, you must report your injury and file an injury claim immediately after your injury. Delaying can jeopardize your ability to receive workers’ comp coverage.

How We Can Help You with Your Workers' Compensation Case

If you have been injured on the job, it is vital to contact an experienced work injury lawyer as soon as possible. A Schmittinger & Rodriguez Delaware workers’ comp lawyer can help you in many ways, from dealing with medical bills, lost wages, and the workers’ comp process. In addition, we can help you with the following:

The bottom line is a serious injury claim is a serious matter. You need time to recover. What you don’t need is emotional energy spent on medical bills and the legal issues that need to be resolved. This is the job of you Delaware personal injury lawyers, here in Dover, DE, Kent County, and throughout the state.

Why Schmittinger & Rodriguez
Is Right For You

Our workers’ compensation attorneys have decades of experience representing injured workers in Delaware and understand the legal remedies available to secure compensation for your workplace incident.

We will work diligently to ensure that your case is handled professionally and ethically and that you receive the benefits you have worked hard to secure. Call us now for a free consultation, and let our team of skilled lawyers fight for the justice you deserve! Contact us for a free consultation to discuss your workers’ compensation case. Remember, YOUR CASE is OUR PRIORITY!

Frequently Asked Questions

What is the Process for Filing a Workers' Compensation Case in Delaware?

The workers' compensation claims process varies from state to state. In Delaware, workers must notify their employer within 30 days of an accident or injury resulting from their employment activities. This can be done by submitting a written notice of the claim. Still, it is strongly recommended that you also discuss your situation with a workers' comp lawyer at Schmittinger & Rodriguez as soon as possible. After that, workers have up to 60 days after receipt of the Employer's Statement to file a workers' comp claim with the Department of Labor in Delaware.

Can I be fired for filing for Workers' Compensation?

No. It is illegal for an employer to fire you or retaliate in any way for filing a workers' comp claim. If you believe your employer has violated this law, contact Schmittinger & Rodriguez immediately, and we will help protect your rights.

How long do I have to file a workers' compensation claim in Delaware?

In Delaware, workers have two years from the date of the injury to file a workers' comp claim. If the injury is an occupational disease, the employee has two years from the date they knew or should have known about the disease to file a claim.

Can I choose my own doctor for a work-related injury?

In Delaware, your employer can select the doctor to treat your work-related injury or illness. However, you may request a second opinion from another doctor.

What if my employer does not have workers' compensation insurance?

If your employer does not have workers' compensation insurance, you may be able to file a claim with the Delaware Uninsured Employers' Fund. This fund benefits injured workers when their employer does not have insurance.

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