When you’re hurt at work in Delaware, the workers’ compensation system is supposed to cover medical expenses 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.

The legal process can become more difficult when your injury keeps you out of work longer than expected, the insurance company questions your medical treatment, or you are being asked to return to work before you feel able to perform your normal job. Even an accepted claim can change as your treatment and recovery progress.

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.

Partner Stephen T. Morrow has represented injured Delaware workers for more than two decades. He is a former Chair of the Delaware State Bar Association Workers’ Compensation Section and has extensive experience representing workers in claims before the Delaware Industrial Accident Board.

What is Delaware Workers’ Compensation?

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

Key points under Delaware workers’ compensation law:

• Most Delaware workers are covered from their first day on the job.
• Employers subject to Delaware’s Workers’ Compensation Act generally must carry workers’ compensation insurance or qualify as self-insured. The Act generally applies to employment in which at least one employee is engaged, although statutory exceptions can apply.
• Workers’ compensation is a no-fault system. You can usually receive benefits without having to prove your employer caused the accident.
• Workers’ compensation is generally the exclusive remedy against an employer for a covered work injury, which means an injured employee ordinarily cannot sue the employer for pain and suffering as they might in a personal injury case.

Whether you qualify for benefits depends on the circumstances of the injury and its relationship to your employment. Questions can become more complicated when an injury develops gradually, aggravates a pre-existing condition, or affects your ability to return to the same work.

Most Common Workplace Injuries 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 while driving for work
• Injuries from machinery, tools, and equipment
• Struck-by injuries involving falling objects or moving vehicles
• Repetitive stress injuries and overexertion from lifting, pushing, pulling, or repeated job duties
• Occupational diseases and illnesses associated with workplace exposure
• Construction and industrial accidents causing serious injuries

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

Some injuries also raise issues that are specific to the body part injured or the type of work you perform:

• Back injuries: Lifting, repetitive material handling, falls, patient transfers, and sudden movements can cause strains, herniated discs, nerve problems, or aggravation of an existing back condition.
• Hospital and healthcare injuries: Nurses, technicians, aides, security personnel, and other hospital employees can be injured while handling patients, responding to workplace violence, suffering falls, or being exposed to sharps and infectious materials.
• Eye injuries and vision loss: Workplace trauma, chemicals, flying debris, machinery, and head injuries can result in partial or permanent vision loss. Delaware law provides specific compensation for qualifying permanent vision loss.
• Head injuries: A concussion or traumatic brain injury can cause headaches, dizziness, memory problems, difficulty concentrating, balance problems, or vision changes even when there is little outward evidence of the injury.

These are only some of the injuries that can lead to a workers’ compensation claim. What matters is how the injury occurred, what medical treatment you need, and how it affects your ability to work.

What If I Had a Medical Condition Before My Work Injury?

A pre-existing condition does not automatically prevent an injured worker from claiming workers’ compensation benefits.

Insurance companies may point to previous back problems, arthritis, earlier surgeries, prior concussions, degenerative conditions, or other medical history to argue that current symptoms were not caused by work.

The important question may be what changed because of the workplace accident. Delaware courts have recognized circumstances in which employment aggravates or accelerates a pre-existing condition or combines with it to produce disability.

For example, an employee may have been treated for an old back problem but returned to full-duty work before a new lifting accident causes radiating pain, additional medical treatment, and new restrictions.

Medical records documenting your condition and functional abilities before and after the work injury can become important when causation is disputed.

Workers’ Comp Benefits in Delaware

Medical Benefits and Expenses

Workers’ compensation benefits in Delaware include payment of necessary medical expenses 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 qualifying 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 a physician it selects and pays.

Disagreements can arise when your treating physician and the insurance company’s doctor have different opinions about your diagnosis, treatment, work restrictions, or whether you have recovered. The carrier’s medical opinion does not automatically decide the claim.

Wage Replacement and Disability 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 for a period of time
• Temporary partial disability (TPD) if you can work in a limited or light-duty capacity and earn less than before
• Permanent partial disability for qualifying permanent loss of function
• Total disability benefits in qualifying cases when an injury prevents an employee from working

Temporary total disability benefits are generally calculated at 66⅔% of the average weekly wage, subject to Delaware’s statutory minimum and maximum rates. Temporary partial disability is generally based on 66⅔% of the difference between pre-injury wages and post-injury earning capacity and may be payable for up to 300 weeks, subject to Delaware law.

Returning to work does not necessarily mean your workers’ comp benefits are finished. An employee may return with lower earnings or continue to have permanent impairment that raises additional benefit issues.

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

Deadlines in Delaware workers’ compensation law matter. Rather than waiting to see whether an injury improves, report a work-related accident to your employer as soon as possible.

• Under Delaware law, if your employer does not already have actual knowledge of an accidental injury, notice generally must be provided within 90 days after the accident.
• Although written documentation can help establish when and how you reported an injury, Delaware law does not categorically require notice of every accidental injury to be in writing.
• Your employer is generally required to file a First Report of Injury with the Delaware Department of Labor within 10 days after learning of an accident resulting in personal injury.
• For an accidental injury, the parties generally must reach an agreement on compensation or initiate an appropriate proceeding within two years after the accident.
• Occupational disease claims follow different notice and filing rules.

These deadlines address different parts of the claims process, so do not assume that missing one date automatically tells you whether a claim can still be pursued. If you are uncertain about a deadline, speak with an experienced workers’ compensation attorney about your particular circumstances.

The Delaware Workers’ Compensation Process

A typical Delaware workers’ compensation claim may involve:

1. Reporting the work injury and seeking medical treatment
2. Employer reporting to its insurance carrier and the Delaware Department of Labor
3. The insurance company reviewing how the injury occurred and whether it accepts the claim
4. Payment or denial of workers’ comp benefits
5. Ongoing medical services and evaluation of your ability to return to work
6. If there is a dispute, filing the appropriate petition and attending a hearing before the Industrial Accident Board
7. Possible further proceedings or appeal after a Board decision

Not every claim reaches a hearing. Some are accepted, and benefits are paid without litigation. Others become disputed later because of treatment, surgery, return-to-work restrictions, permanent impairment, or an insurance carrier’s attempt to reduce or stop benefits.

Common Problems in Delaware Workers’ Compensation Cases

A workers’ compensation claim can become more difficult even when the original accident is not disputed. Problems often arise as treatment progresses or the employee attempts to return to work.

Common Mistakes to Avoid

• Waiting too long to report a job-related injury
• Not clearly telling your doctor that the injury happened at work
• Ignoring medical advice or missing appointments
• Returning to duties that exceed your doctor’s restrictions
• Downplaying symptoms to a doctor or insurance adjuster
• Posting information on social media that conflicts with your reported limitations
• Guessing when answering insurance company questions instead of saying when you do not know or remember something

Reasons Claims Get Denied or Limited

• The employer or carrier claims the injury is not work-related
• The insurer blames a pre-existing condition
• The insurance company disputes whether additional treatment or surgery is related to the accident
• A doctor selected by the carrier believes you can return to work
• Disputes arise over whether you are an employee or independent contractor
• Failure to attend a required medical examination
• Gaps in treatment or insufficient medical evidence

If the insurance company denies or disputes a claim, an injured worker can file the appropriate petition for a hearing before the Delaware Industrial Accident Board. The additional evidence required depends on what the insurance company is disputing.

How a Skilled Work Accident Attorney Helps Injured Workers

You don’t necessarily need to wait until your claim is denied to talk with a lawyer. Legal guidance can become useful when you are unsure which benefits apply, treatment is being disputed, you are being asked to return to work, or your injury may have permanent consequences.

An experienced workers’ compensation lawyer can help:

• Explain workers’ compensation law and available benefits in plain language
• Gather and organize medical records, incident reports, employment information, and other evidence
• Address disputes involving pre-existing conditions or whether an injury is work-related
• Communicate with the workers’ compensation carrier
• Prepare petitions and gather additional evidence for Industrial Accident Board hearings
• Challenge denied claims or attempts to terminate benefits
• Evaluate return-to-work and medical-treatment disputes
• Determine whether permanent disability benefits may apply
• Evaluate a proposed lump sum settlement and explain which rights may be affected
• Identify a potential third-party claim when someone other than the employer or a co-worker caused the accident

Stephen Morrow has represented injured workers before the Industrial Accident Board for decades. In addition to his former leadership of the Delaware State Bar Association Workers’ Compensation Section, he has taught other Delaware attorneys about Board procedure, medical treatment issues, successive injuries, and other areas of workers’ compensation practice.

Work-Related Injury vs. Personal Injury Claims in Delaware

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

• A workers’ compensation claim
• A separate personal injury claim against a legally responsible third party

Because workers’ compensation is generally the exclusive remedy against your employer for a covered workplace injury, you ordinarily cannot pursue a separate personal injury lawsuit against Delaware employers for pain and suffering.

However, Delaware law allows circumstances in which workers’ compensation benefits and a third-party personal injury claim exist at the same time. For example, an employee injured in a work-related car accident caused by another driver may have a workers’ compensation claim and a claim against the driver.

Other examples include defective equipment or another legally responsible party separate from your employer. Because third-party recovery can affect workers’ compensation benefits, our personal injury lawyers evaluate both claims together.

What to Do After a Workplace Injury in Delaware

If you suffer a job-related injury or occupational illness:

1. Seek medical attention.
2. Report the work accident to your employer as soon as possible and accurately explain what happened.
3. Tell your medical provider that the injury happened at work and describe all of your symptoms.
4. Keep copies of incident reports, medical information, and correspondence about the claim.
5. Get names and contact information for witnesses when applicable.
6. Follow your treating physician’s restrictions and keep your doctor informed about changes in your symptoms.
7. Pay attention to whether the insurance carrier accepts the claim, pays for treatment, and provides wage benefits when applicable.

If your claim is denied, treatment is refused, your employer wants you back at work outside your restrictions, or the insurance company tries to stop benefits, seek legal advice from an experienced attorney to review your claim.

Delaware Workers’ Compensation FAQs

Get a Free Consultation With a Skilled Workers’ Compensation Attorney

A work injury can raise questions long after the initial accident: Who pays for treatment? What happens if you cannot return to your job? What if the insurance company says you have recovered? Are there benefits available if your injury leaves permanent limitations?

Rhoades & Morrow helps injured workers answer those questions and navigate Delaware’s workers’ compensation system. Stephen T. Morrow has represented Delaware workers for more than two decades and has extensive experience with claims before the Industrial Accident Board.

We represent injured workers throughout Delaware from our offices in Wilmington, Newark, Milford, and Lewes.

If a workplace injury is affecting your medical care, income, or ability to keep working, contact us to discuss your claim.

Take the First Step. Contact Rhoades & Morrow today for a free initial consultation.