Workers' Compensation Lawyers in Delaware

Workers' Compensation in Delaware: head injuries, vision loss and deadlines

Delaware's Workers' Compensation Act (19 Del. C. Chapter 23) covers medical bills and lost wages after work injuries. The Office of Workers' Compensation in the Department of Labor's Division of Industrial Affairs runs the system, and the Industrial Accident Board decides disputed claims after a hearing. Workers often hire a lawyer after a denial, or when a head injury or vision loss raises permanent-benefit questions. This page lists 20 attorneys and law firms in Delaware who handle workers' compensation matters.

Deadlines to know

• Tell your employer. Report the injury right away; the state warns that waiting over 90 days can cost you benefits.
• File a petition. If the claim is denied, you can file a Petition to Determine Compensation Due with the Board. Claims are barred unless agreed or filed within two years after the accident; if benefits were paid under a Board-approved agreement or award, the limit runs five years from the last payment. Occupational disease claims must be filed within one year after you first learn that the disability was or could have been caused by your work.
• Appeal. A Board award becomes final unless appealed within 30 days to the Superior Court in the county where the injury occurred, such as New Castle County.

Benefits for serious injuries

• Medical care. Usually from a certified provider, who can treat without preauthorization and follows state fee schedules and practice guidelines; other providers generally need the insurer's preauthorization.
• Wage loss. Temporary total disability starts on day four if you miss more than three days, and if you are out more than seven days, the first three days are paid too; partial disability pays two-thirds of the wage difference for up to 300 weeks.
• Permanent impairment. Loss of an eye is scheduled at 200 weeks of two-thirds wages, partial vision loss at a matching percentage, and loss of both eyes is presumed total disability. Unscheduled body parts can be rated up to 300 weeks.
• Disfigurement. Up to 150 weeks for serious, permanent disfigurement that is visible and offensive when the body is normally clothed.

This page is general information, not legal advice.

How to Choose a Workers' Compensation Lawyer in Delaware

• Check the license. Every attorney admitted in Delaware can be looked up through the Delaware Supreme Court, together with any public discipline. Do it before the first meeting.
• Ask about workers' compensation cases specifically. General practice is not the same as a track record in your type of matter: ask how many similar cases the lawyer handled recently and how they ended.
• Local courts matter. Procedures, filing practice and judges differ from county to county even within Delaware. Ask whether the lawyer regularly appears in the courts that will hear your case.
• Get the fee agreement in writing. Hourly rate, flat fee or contingency, what counts as costs, and what happens if the case ends early — all of it should be on paper before work starts.
• Compare several profiles. 20 workers' compensation attorneys in Delaware are listed here, with the largest groups in Wilmington. Profiles carry direct contacts, so you can reach two or three of them without an intermediary.