Delaware Workers’ Compensation Lawyer

When you’re hurt at work in Delaware, the workers’ compensation system is supposed to cover medical costs and a portion of your lost wages so you can focus on healing instead of worrying about bills. It’s a no‑fault system, so you generally don’t have to prove your employer did anything wrong to receive benefits.

In reality, many injured workers run into delays, denials, or confusing forms and deadlines. Rhoades & Morrow is a Delaware-based workers’ compensation law firm that represents injured workers across the state, guiding them through the workers’ compensation process and disputes with the insurance company.

What is Delaware Workers’ Compensation?

Delaware workers’ compensation is a mandatory insurance system that provides benefits to injured employees who suffer workplace injuries or occupational diseases.

Key points under Delaware workers’ compensation law:

• Most Delaware workers are covered from their first day on the job.
• All Delaware employers with one or more employees must carry workers’ compensation insurance or be approved as self‑insured, with limited exceptions (such as certain farm workers, independent contractors, or casual/ domestic workers).
• Workers’ compensation is a no‑fault system – you can usually receive benefits regardless of who was at fault for the accident.
• In exchange, injured workers generally cannot sue their employer in civil court for pain and suffering; the workers’ compensation system is the exclusive remedy against the employer, with limited defenses such as voluntary horseplay, willful misconduct, and proven intoxication.

At Rhoades & Morrow, our legal counsel focuses on helping Delaware workers secure the maximum compensation and benefits to which they are entitled under state law.

Common Work Injuries and Workplace Accidents in Delaware

Delaware workers in construction, health care, warehouses, retail, offices, and transportation all face the risk of workplace accidents and work‑related injuries. Common causes include:

• Slips, trips, and falls on wet floors, cluttered walkways, or uneven surfaces
• Falls from ladders, scaffolds, loading docks, or trucks
• Motor vehicle accidents and auto accidents while driving for work (delivery drivers, sales, home health, and commercial drivers)
• Injuries from machinery, tools, and equipment (caught‑in/caught‑between incidents)
• Struck‑by injuries involving falling objects or moving vehicles
• Repetitive stress injuries and overexertion (lifting, pushing, assembly line work, keyboard/desk work)
• Occupational disease and occupational illnesses from chemical exposure, dust, or toxic environments
• Construction and industrial accidents causing catastrophic injuries such as spinal damage or traumatic brain injury

Covered work‑related injuries can include sudden accidents and slower‑developing conditions that are aggravated or caused by your job.

Workers’ Comp Benefits in Delaware

Medical Benefits and Expenses

Workers’ compensation benefits in Delaware include payment of medical expenses that are reasonable, necessary, and related to the work injury, such as:

• Doctor and hospital visits
• Surgery and specialist care
• Physical therapy and rehabilitation
• Prescription medications and medical equipment
• Mileage reimbursement for travel to medical appointments
• Approved vocational rehabilitation services, in some cases

Employees may generally choose their own treating doctor from among certified providers. However, the employer or workers’ compensation insurance carrier can require an examination by their chosen doctor for evaluation purposes.

Wage Replacement and Disability Benefits (Workers’ Comp Benefits)

If a work injury or occupational disease keeps you from working, you may be entitled to wage replacement benefits:

• Temporary total disability (TTD) – if you cannot work at all for a period of time
• Temporary partial disability (TPD) – if you can work in a limited/light‑duty capacity and earn less than before
• Permanent partial disability – for permanent loss of function in a body part
• Permanent total disability benefits – if you are permanently unable to work in any gainful employment

Wage replacement is typically two‑thirds (66⅔%) of your average or gross weekly wage, subject to a statewide minimum and maximum set each year.

While you are receiving temporary total disability benefits, you are generally not eligible to collect unemployment benefits at the same time because one program requires you to be unable to work while the other requires you to be able and available for work.

Other Workers’ Compensation Benefits

Depending on the facts of the workers’ compensation case, Delaware workers’ compensation benefits may also include:

• Permanent impairment benefits for the lasting loss of function
• Disfigurement awards (for scars and other visible injuries)
• Death benefits and funeral expenses for surviving dependents after a fatal work injury
• Vocational rehabilitation or retraining when you cannot return to your prior job

Notices and Deadlines for Filing a Workers’ Comp Claim in Delaware

Deadlines in Delaware workers’ compensation law matter. Missing them can severely damage a workers’ comp claim:

• Notify your employer immediately of any injury or illness you believe is work‑related.
• Notice should be in writing and should include that you are requesting medical attention.
• Under Delaware law, employees generally must report a workplace injury to their employer as soon as possible and no later than 90 days after the accident; occupational diseases have longer notice rules.
• Your employer is required to file a First Report of Occupational Injury or Disease with the Delaware Office of Workers’ Compensation within 10 days after being notified.

If a claim is denied or not properly handled, an injured worker can file a Petition to Determine Compensation Due with the Industrial Accident Board (IAB). For most injuries, you have two years from the date of the accident to file; for occupational disease, the limitations period is generally one year from when you knew or should have known the condition was work‑related.

The Delaware Workers’ Compensation Process

A typical Delaware workers’ compensation claim involves:

1. Reporting the work injury and seeking medical treatment
2. Employer reporting to its insurance carrier and the Office of Workers’ Compensation
3. The insurance company is investigating whether the injury is work‑related
4. Payment or denial of workers’ comp benefits (lost wages and medical expenses)
5. If there is a dispute, filing a petition and attending a hearing before the IAB
6. Possible appeal to the Superior Court if either side disagrees with the Board’s decision

Throughout this process, the insurance company may question whether your injury is truly work‑related, argue that it stems from a pre‑existing condition, or dispute the extent of your disability.

Common Problems in Delaware Workers’ Compensation Cases

Many workers’ comp claims run into trouble because of avoidable mistakes or aggressive tactics by the employer or carrier. Issues often include:

Common Mistakes to Avoid

• Waiting too long to report a work injury or failing to put it in writing
• Not clearly telling the doctor that the injury is work‑related
• Ignoring medical advice, missing appointments, or returning to full duty too soon
• Downplaying symptoms (“I’m fine”) to the workers’ comp doctor or adjuster
• Posting about the accident on social media in ways that conflict with your medical records
• Trying to handle complex workers’ compensation forms alone and missing deadlines

Reasons Claims Get Denied or Limited

• The employer or carrier claims the injury is not work‑related
• The insurer blames a pre‑existing condition, even when work clearly made it worse
• Allegations of intoxication, horseplay, or willful misconduct at the time of injury
• Disputes over whether you are an employee or an independent contractor
• Failure to attend an employer‑scheduled medical exam
• Gaps in medical treatment or a lack of documentation

If a workers’ compensation claim is denied or cut off, an injured worker can file a petition with the Delaware Office of Workers’ Compensation for a hearing before the Industrial Accident Board. Many workers who file without a lawyer are denied, but still have the right to appeal.

How a Delaware Workers’ Comp Attorney Helps Injured Workers

An experienced workers’ compensation attorney can make a significant difference in the outcome of a case. Delaware workers’ comp lawyers help:

• Explain workers’ compensation law and benefit categories in plain language
• Gather and organize evidence (incident reports, witness statements, medical records)
• Make sure all workers’ compensation claims and petitions are filed correctly and on time
• Deal directly with the workers’ comp insurance carrier and adjusters
• Prepare for and represent injured workers at IAB hearings
• Challenge claim denials, improper benefit terminations, and medical treatment disputes
• Evaluate settlements and advise how to get the most out of a potential lump sum payment
• Protect workers who face illegal retaliation for filing a claim

Most Delaware workers’ compensation lawyers work on a contingency fee basis, meaning attorney fees are typically paid as a percentage of the recovery. . Fees are not automatically taken; an application must be submitted to the Industrial Accident Board (or Office of Workers’ Compensation), and a judge must approve the amount. In some cases, the Board may order the employer or carrier to pay a portion of the worker’s attorney fees.

Rhoades & Morrow’s legal team focuses on representing injured workers, not employers or insurance companies.

Work Injury vs. Personal Injury Claims in Delaware

A work injury may give rise to more than one type of claim:

• The workers’ compensation claim (against your employer’s workers’ compensation insurance)
• A separate personal injury claim against a third party whose negligence caused or contributed to the accident

Because workers’ compensation is the exclusive remedy against your employer, you generally cannot sue your employer for pain and suffering in civil court. However, if a third party was responsible — for example:

• A negligent driver in a work‑related motor vehicle accident
• A manufacturer of defective equipment
• A property owner who failed to correct a hazard

— you may be able to pursue a personal injury lawsuit for pain and suffering, full lost wages, and other damages, in addition to your workers’ compensation benefits.

An experienced workers’ compensation lawyer who also understands personal injury, like Rhoades & Morrow, can identify all responsible parties and sources of compensation.

What to Do After a Workplace Injury in Delaware

If you suffer an injury or illness at work:

1. Seek medical attention right away, even if symptoms seem minor.
2. Report the work accident immediately to your supervisor, in writing if possible.
3. Clearly state that this is a work‑related injury and that you are requesting medical treatment.
4. Document everything – keep copies of reports, medical records, and correspondence.
5. Get names and contact information for any witnesses.
6. Avoid giving recorded statements or signing broad releases for the insurance company without legal advice.
7. Contact a Delaware workers’ compensation lawyer for a free consultation as early as possible to protect your rights and avoid mistakes in your workers’ comp claim.

Delaware Workers’ Compensation FAQs