If you’re injured while working in Delaware, workers’ compensation is often the first source of benefits. But that doesn’t necessarily mean workers’ compensation is your only possible claim.
The key question is who caused the injury.
When an injury occurs because of, and in the course of employment, Delaware’s Workers’ Compensation Act generally provides the employee’s remedy against the employer, regardless of who was negligent. Delaware law also allows an injured employee to pursue certain third parties whose negligence caused the accident.
When Does Delaware Workers’ Compensation Apply?
Workers’ compensation generally applies when an employee suffers a qualifying injury arising out of and in the course of employment.
One of the major differences between workers’ compensation and an ordinary personal injury lawsuit is that workers’ compensation is generally a no-fault system. Delaware’s statute provides compensation for qualifying work-related injuries regardless of the question of negligence.
For example, workers’ compensation may apply when an employee is injured by machinery, falls while performing job duties, suffers an occupational injury, or is hurt in a work-related vehicle accident.
What Does Workers’ Compensation Cover?
Workers’ compensation benefits are designed to address certain financial consequences of a workplace injury rather than every category of loss available through a personal injury lawsuit.
Depending on the circumstances, benefits may address medical treatment and a portion of wages lost because the employee can’t work. Delaware law also provides different forms of disability benefits and compensation for certain permanent impairments.
The tradeoff is that workers’ compensation typically doesn’t provide traditional pain-and-suffering damages.
Can You Sue Your Employer for Workplace Injury?
Usually, you cannot simply choose to sue your employer for negligence instead of filing for workers’ compensation.
Under 19 Del. C. § 2304, workers’ compensation is generally the exclusive remedy between an employer and employee for covered accidental injuries arising out of and in the course of employment.
This exclusivity rule is one of the foundations of the workers’ compensation system. Employees can receive qualifying benefits without having to prove employer negligence, while employers generally receive protection from ordinary personal injury lawsuits over covered workplace injuries.
When Can You File a Personal Injury Lawsuit?
A separate personal injury claim may become possible when someone other than the employer or a natural person in the same employ has legal responsibility for causing the injury.
Delaware specifically addresses these claims in 19 Del. C. § 2363. The statute provides that accepting workers’ compensation does not necessarily prevent an injured worker from pursuing a legally responsible third party.
Potential examples include:
- A negligent driver who crashes into someone while that person is working
- A property owner whose dangerous premises cause an employee’s injury
- A contractor or another outside company that creates an unsafe condition
- A manufacturer responsible for a defective piece of equipment
Whether someone actually qualifies as a legally responsible third party depends on the circumstances and the relationships among the businesses and individuals involved.
Evidence Can Determine Whether a Third-Party Case Exists
The evidence needed for a workers’ compensation claim and a third-party lawsuit can overlap, but proving third-party negligence usually requires a more detailed investigation into how the accident happened.
Useful evidence may include photographs and video, accident reports, witness information, surveillance footage, equipment records, maintenance documents, vehicle information, and medical records.
When machinery or another product contributed to the accident, preserving the equipment itself may also be important.
Why Legal Guidance Matters
Cases involving overlapping workers’ compensation and personal injury claims can become complicated because the two systems have different procedures, available compensation, insurance issues, and reimbursement rules.
An attorney can investigate whether someone other than the employer contributed to the accident and evaluate how a potential third-party recovery could interact with workers’ compensation benefits.
Nitsche & Fredricks LLC can help injured Delaware workers examine the circumstances of an accident, identify potentially responsible parties, preserve evidence, and determine which avenues for compensation may be available.
