Dover Workers' Compensation Lawyers

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recovered For our clients

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

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.

Get Started Today

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.

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.

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.

What Types Of Injuries Qualify For Workers' Comp In Delaware?

In Delaware, the Workers’ Compensation Act provides benefits to employees who have suffered an injury or illness arising out of and in the course of their employment. Here are some of the most common types of workers’ compensation 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 workers’ compensation in Delaware. If you have been injured on the job, it is important to speak with an experienced workers’ comp attorney to determine your workers’ comp benefits and your rights and options under the law.

What Are The Workers' Comp Benefits In Delaware?

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

    1. Medical Expenses: Workers’ compensation insurance in Delaware covers all reasonable and necessary medical costs and expenses 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: If an employee is unable to work due to a work-related injury or illness, they may be entitled to wage replacement benefits. In Delaware, wage replacement benefits are typically calculated as a percentage of the employee’s average weekly wage. The amount of wage replacement benefits depends on the severity of the injury and how long the employee is unable to work.

    3. Vocational Rehabilitation: If an employee is unable to return to their previous job due to a work-related injury or illness, they may be entitled to vocational rehabilitation services. 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 as a result of a work-related injury or illness, they may be entitled to permanent disability benefits. The amount of these benefits depends on the extent of the disability and the employee’s average weekly wage.

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

It is important to note that the amount of workers’ compensation benefits in Delaware varies depending 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 your rights and options 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 workers’ compensation benefits you are entitled to:

    1. Notify your employer: You should notify your employer of your injury as soon as possible. Ideally, you should report the injury to your supervisor or HR department immediately after it occurs. Delaware law requires injured employees to report their injuries to their employer within 90 days.

    2. Seek medical attention: If your injury requires emergency medical attention, you should call 911 or go to the nearest emergency room. If your injury is not an emergency, you should make an appointment with a doctor approved by your employer’s workers’ compensation insurance carrier.

    3. File a workers’ compensation claim: You should file a claim for workers’ compensation benefits with your employer’s insurance carrier as soon as possible after your injury. You can obtain the necessary forms from your employer, or you can download them from the Delaware Department of Labor’s website.

    4. Follow your doctor’s instructions: It is important to follow your doctor’s instructions regarding your medical treatment and any work restrictions. Failure to comply with medical treatment or work restrictions could result in the denial of your workers’ compensation benefits.

    5. Keep records: You should keep records of all medical treatment related to your work injury, as well as any expenses related to your injury, such as mileage to and from medical appointments. You should also keep copies of all forms and correspondence related to your workers’ compensation claim.

    6. Consult with an attorney: If you have questions or concerns about your workers’ compensation claim, or if your claim is denied, you should consult with an experienced workers’ compensation attorney. An attorney can help you navigate the complex legal process and protect your rights.

Remember, it is important to report your injury and file a workers’ compensation claim as soon as possible after your injury. Delaying can jeopardize your ability to receive benefits.

what is your claim worth

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.

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