$ millions
recovered For our clients
You Deserve Compensation For Your Work Injury
At Schmittinger & Rodriguez, we uphold a proud tradition of legal excellence. Our commitment to justice and dedication to client service have made us a trusted name in workers’ compensation law in Rehoboth Beach, DE.
If you or someone you know has recently been injured in a workplace accident, understand that you’re not alone and help is available. Our skilled and aggressive team of attorneys is committed to ensuring that you receive fair compensation for your injuries. We have a deep understanding of the complexities surrounding workers’ compensation claims, and we apply this knowledge to fight for your rights at every step of the process.
From slip and fall accidents to repetitive strain injuries, our team has the experience to handle a wide range of workplace injury cases. We know that these types of accidents can be physically, emotionally, and financially devastating for individuals and families. That’s why we work tirelessly to secure the compensation you deserve, whether through negotiations or litigation.
We pride ourselves on our ‘No Win, No Fee’ policy, which means you pay us nothing until we win your case. To date, we have recovered millions of dollars for our clients, helping them cover their medical bills, replace lost wages, and secure their future. Let us put our experience to work for you. Call us now at (302) 227-1400 for a free consultation.
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WHAT IS WORKERS' COMPENSATION LAW IN DELAWARE?
Workers’ compensation law in Delaware is designed to protect the rights of employees who suffer workplace injuries, illnesses, or disabilities. The law provides a safety net for workers, ensuring that they receive medical treatment, and wage replacement irrespective of who was at fault for the workplace accident. Employers are required to carry workers’ compensation insurance as part of their responsibility towards the safety and welfare of their employees.
However, the process of filing a workers’ comp claim and receiving benefits can often be complex and overwhelming. There are specific procedures to be followed, and strict deadlines to be met. Failing to adhere to these can result in the denial of your claim, making it crucial to have experienced legal counsel guide you through the process.
Medical Benefits: These cover all necessary medical treatment related to the workplace injury or illness, including hospital stays, surgeries, medications, and physical therapy.
Temporary Total Disability (TTD) Benefits: If an employee is unable to work for more than three days due to the injury, they may be eligible for TTD benefits which replace a portion of lost wages.
Permanent Total Disability (PTD) or Permanent Partial Disability (PPD) Benefits: These benefits are for workers who’ve sustained injuries that permanently affect their ability to work. The compensation varies based on the severity of the disability.
Death Benefits: If a workplace accident results in death, the worker’s dependents are entitled to receive benefits.
Understanding the intricacies of workers’ compensation law in Delaware can be challenging, but it’s essential to ensure you receive the workers’ comp benefits you’re entitled to after a workplace accident. At Schmittinger & Rodriguez, we bring our deep knowledge of the law and a compassionate approach to every case, assisting our clients through every step of the process to secure the compensation they rightfully deserve.
Contact Schmittinger & Rodriguez
Don’t navigate the complexities of a workers’ compensation claim alone. At Schmittinger & Rodriguez, we are not just Delaware workers’ compensation lawyers, we are your dedicated partners in your fight for justice. Our deep understanding of Delaware workers’ compensation law, combined with a proven track record of recovering millions of dollars for our clients, makes us your ideal choice. Remember, you pay no fee unless we win. Contact us now at (302) 227-1400 for a free consultation and allow us to help you secure the compensation you deserve. Our commitment to legal excellence and client service is to your advantage.
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Who Is Eligible For Workers' Compensation In Delaware?
In Delaware, almost all workers are eligible for workers’ compensation benefits. This includes full-time, part-time, seasonal, and even temporary employees. Eligibility is not determined by the size of the company or the number of hours worked per week. As long as you have an employer-employee relationship and your injury or illness is work-related, you can file a workers’ compensation claim. Additionally, it’s important to note that the Delaware workers’ compensation system is a no-fault system meaning that you’re entitled to benefits irrespective of who was at fault for the workplace accident.
However, there are exceptions to workers’ compensation eligibility in Delaware. Independent contractors, for instance, are not considered employees and hence are not typically covered by workers’ compensation. Similarly, certain types of workers, such as agricultural laborers, domestic employees, casual workers, and some maritime workers, may be excluded from coverage under Delaware law. It’s crucial to understand your employment status and the specific laws that apply to your situation to determine your eligibility for benefits.
Even among eligible employees, some claims may be denied. If the injury was self-inflicted, occurred while the employee was violating company policy, or while committing a serious crime, the workers’ compensation claim can be denied. Furthermore, injuries that occurred while the employee was not on the job or during a non-work-related activity are typically not covered. If you’re uncertain about your eligibility or if your claim has been denied, it’s essential to consult with an experienced workers’ compensation attorney who can help clarify your rights and guide you through the appeal process if necessary.
What is the Value of a Workers' Compensation Claim in DE?
The value of a workers’ compensation claim in Delaware depends on a variety of factors related to the nature and severity of the workplace injury or illness, the impact on the employee’s ability to work, and the costs of medical treatment.
One fundamental aspect of a claim’s value is the cost of medical expenses. This includes the cost of immediate treatment following the accident, as well as ongoing medical costs such as doctor’s visits, surgeries, physical therapy, and prescription medications. It’s paramount to have a comprehensive understanding of your current and future medical needs to ensure full coverage of these costs in your claim.
Another significant factor in determining the value of a claim is the extent to which the injury affects the employee’s ability to work. If the injury results in temporary or permanent disability, the employee may be entitled to wage replacement benefits. These benefits typically compensate for a portion of the worker’s average weekly wage. Temporary Total Disability (TTD) benefits apply if the employee is unable to work for more than three days, while Permanent Total Disability (PTD) or Permanent Partial Disability (PPD) benefits apply to those with injuries that permanently affect their ability to work. The severity of the disability and its impact on the worker’s earning capacity plays a crucial role in the valuation.
Lastly, in the unfortunate event that a workplace accident results in death, the worker’s dependents are entitled to death benefits. These benefits are also a part of the claim’s total value. Given the complexity of these factors, it’s highly recommended to seek the counsel of experienced workers’ compensation attorneys to ensure that your claim is accurately valued and that you receive the benefits you rightfully deserve.
How Can You Get Help With Your Workers' Compensation Case?
At Schmittinger & Rodriguez, we firmly believe that your focus after a workplace accident should be on recovery, not the stress of paperwork and legal proceedings. Navigating the complex terrain of a workers’ compensation case requires knowledge, expertise, and meticulous attention to detail. That’s where we come in.
Our dedicated team handles every aspect of your Delaware workers’ compensation claim, including:
Evaluating your case and determining eligibility for benefits
Gathering evidence to support your injury claim, such as medical records and witness testimonies
Accurately valuing your claim taking into account all relevant factors
Handling all communication with the insurance company and the employer on your behalf
Filing petition if your workers’ comp claim is denied
Represent you in court if a fair settlement cannot be reached
Relying on a professional Delaware workers’ compensation lawyer at Schmittinger & Rodriguez can make a significant difference in your case. Our firm is committed to fighting for your rights and securing the best possible outcome for you. We are your staunch advocates, partners in your journey, and committed legal experts who stand by your side every step of the way. Contact us today at (302) 227-1400 and let us shoulder the burden of legal intricacies while you focus on your recovery.
Why Schmittinger & Rodriguez Is Right For You
Choosing Schmittinger & Rodriguez means choosing a tradition of legal excellence. With decades of combined experience, our workers’ compensation attorneys possess a comprehensive understanding of Delaware workers’ compensation law and have a proven track record of successfully representing injured workers. We take a thorough and meticulous approach to every case, ensuring each detail is analyzed, every opportunity for compensation is explored, and the rights of our clients are staunchly defended. In choosing us, you’re choosing a firm that is committed to securing the compensation you deserve.
Moreover, we value the attorney-client relationship and believe in providing personalized attention to every case. We understand that every client, every injury, and every case is unique. Hence, we customize our strategy, tailoring our services to meet the individual needs and circumstances of each of our clients. Our dedication extends beyond the courtroom. We remain your trusted advisors, guiding you through the complex legal proceedings, and providing support and understanding during a challenging time. Choose Schmittinger & Rodriguez, and let us fight for your rights and help you navigate your journey towards recovery.
