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Dover Workers' Compensation Lawyers

NO FEE UNLESS WE WIN

$ millions

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You Deserve Compensation For Your Work Injury

As Delaware workers’ compensation lawyers in Dover, Delaware, Schmittinger & Rodriguez understand how complicated workers’ compensation cases can be. We understand that suffering a workplace injury can be a life-changing event.

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

At Schmittinger & Rodriguez, we handle a variety of workers’ compensation cases including:

    • Slip and Fall Injury Claims

    • Repetitive Stress Injury (RSI) Claims

    • Occupational Disease Claims

    • Death Benefits Claims

    • Temporary Disability Claims

    • Permanent Partial Disability (PPD) and Permanent Total Disability (PTD) Claims

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What Is Workers' Compensation
Law In Delaware?

Workers’ compensation law in Delaware is a system of laws that provides benefits to employees who suffer job-related injuries or illnesses. The Workers’ Compensation Act in Delaware requires employers to carry workers’ compensation coverage insurance and provides benefits to employees who are injured or become ill while performing their job duties.

Here are some key provisions of the workers’ compensation 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: Workers’ compensation benefits in Delaware may include medical expenses, wage replacement, and vocational rehabilitation. The amount of benefits depends on the severity of the injury or illness and the employee’s average weekly wage.

    3. Time Limits: In Delaware, injured workers have two years from the date of the injury to file a workers’ compensation 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 workers’ compensation benefits, the employee can file a petition with the Delaware Industrial Accident Board. The board will schedule a hearing and make a determination on the issue.

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

Overall, the workers’ compensation 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, it is important to speak with an experienced workers’ compensation attorney who can help you navigate the complex legal system and ensure that you receive the benefits you are entitled to under the law.

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Contact Schmittinger & Rodriguez

If you have been injured at work, do not 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.

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Who Is Eligible For Workers' Compensation In Delaware?

Workers’ compensation benefits are available to almost all employees who suffer a work-related injury or illness. This includes employees who work full-time or part-time, as well as some independent contractors who meet certain criteria, such as those who perform work that is integral to the employer’s business. Even if an employee’s injury or illness was caused by their own negligence, they are still generally eligible for workers’ compensation benefits.

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

It is important to note that workers’ compensation 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 benefits. However, if the employee was under the influence of drugs or alcohol at the time of the injury, they may be ineligible for benefits.

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What Is The Value Of A Workers' Compensation Claim in DE?

The value of a workers’ compensation claim in Delaware depends on several factors, including the severity of the injury or illness, the length of time the employee is unable to work, and the employee’s average weekly wage.

In Delaware, wage replacement benefits are typically calculated as two-thirds of the employee’s average weekly wage, up to a maximum amount set by law. For injuries that result in a temporary total disability (meaning the employee is unable to work at all), wage replacement benefits are paid for up to 300 weeks. For injuries that result in a permanent partial disability, the amount of wage replacement benefits may be reduced based on the extent of the disability.

Medical benefits for work-related injuries and illnesses in Delaware are generally paid at 100% of the cost of reasonable and necessary medical treatment, with no maximum limit on the amount of benefits.

In cases where an employee suffers a permanent total disability or dies as a result of a work-related injury or illness, the value of the workers’ compensation claim may include ongoing financial support for the employee’s dependents.

It is important to note that the value of a workers’ compensation claim in Delaware is highly dependent on the specific circumstances of the injury or illness. If you have been injured on the job, it is important to speak with an experienced workers’ compensation attorney who can help you understand the potential value of your claim and ensure that you receive the benefits you are entitled to under the law.

How We Can Help You with Your Workers' Compensation Case?

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

At Schmittinger & Rodriguez, we understand that on-the-job injuries and workplace accidents can be stressful and overwhelming experiences. That is why we are here to provide you with the support and guidance you need to navigate the workers’ compensation system and get the compensation you deserve.

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 are receiving 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 today for a free consultation to discuss your workers’ compensation case. Remember, YOUR CASE is OUR PRIORITY!

Workers' Compensation FAQs

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

The workers’ compensation claims process varies from state to state. In Delaware, workers are generally required to 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, but it is strongly recommended that you also discuss your situation with a workers’ compensation lawyer at Schmittinger & Rodriguez as soon as possible. Thereafter, workers have up to 60 days after receipt of the Employer's Statement to file a workers' compensation claim with the Department of Labor in Delaware.

Can I be fired for filing for Workers' Compensation Benefits?

No. It is illegal for an employer to fire you or retaliate in any way for filing a workers' compensation claim. If you believe that 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, injured workers have two years from the date of the injury to file a workers' compensation 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 has the right to select the doctor who will provide medical treatment for your work-related injury or illness. However, you may be able to 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 provides benefits to injured workers when their employer does not have insurance.