If you are injured at work, you should know what avenues are available for seeking compensation.
Delaware’s workers’ compensation law provides swift relief for workplace injuries without the need to prove fault.If you are injured while performing your job, you are generally entitled to benefits, regardless of negligence.To file a workers’ compensation claim, you must immediately notify your employer, in writing, of the injury and request medical services.If you fail to notify or accept medical services, you may not be entitled to compensation.
Workers’ compensation law prevents you from suing your employer for additional damages, even when there is negligence.[6] However, if a third party (someone other than your employer) is responsible for your injury, you may file a workers’ compensation claim against your employer and a personal injury claim against the third party. For example, if a defective product from a third-party manufacturer causes your injury while working, you may pursue both claims.
The Delaware Industrial Accident Board (IAB) resolves disputes, and awards compensation for lost wages and medical expenses.The Board also provides medical, permanent impairment, temporary total disability, temporary partial, disfigurement, and death benefits. In contrast, personal injury cases are handled in civil court, where plaintiffs must prove negligence. If successful, they may receive broader compensation, including pain and suffering, which is not covered under workers’ compensation.
In short, workers’ compensation claims differ from personal injury claims in key ways. Workers’ compensation claims are made against the employer and handled by the IAB, whereas personal injury claims are filed in civil court and require proof of negligence. Moreover, workers’ compensation typically covers about 66% of lost wages and all necessary medical expenses, while personal injury claims can provide broader compensation, like pain and suffering. If you are uncertain about which path to pursue, consulting with an attorney can help you determine the best cause of action for your case.
[1] Messick v. Star Enter., 655 A.2d 1209, 1212 (Del. 1995) (citing Frank C. Sparks Co. v. Huber Baking Co., 96 A.2d 456, 461 (Del. 1953)).
[2] Noel-Liszkiewicz v. La-Z-Boy, Inc., No. 12A-01-012-RRC, LEXIS 451, at *11 (Del. Super. Ct. 2012).
[3] Nat’l Union Fire Ins. Co. v. McDougall, 877 A.2d 969, 973 (Del. 2005).
[4] https://labor.delaware.gov/divisions/industrial-affairs/workers-comp/faqs/
[5] https://labor.delaware.gov/divisions/industrial-affairs/workers-comp/faqs/
[6] Nat’l Union Fire Ins. Co. v. McDougall, 877 A.2d 969, 973 (Del. 2005).
[7] 19 Del. C. § 2301A.
[8] Campos v. Daisy Constr. Co., 107 A.3d 570, 576–77 (Del. 2014).
[9] https://labor.delaware.gov/divisions/industrial-affairs/workers-comp/faqs/
1 Damages in Tort Actions § 3.03 (2024).
[11] 19 Del. C. § 2324
[12] https://labor.delaware.gov/divisions/industrial-affairs/workers-comp/faqs/
For more information about this article or to speak to someone about a motor vehicle accident or worker’s compensation, please contact Laura Simon at [email protected].