If you've been injured at work in Wilmington, Delaware, you may qualify for workers' compensation benefits. Our skilled work injury lawyers at James Hall Personal Injury Lawyer in Wilmington can assist you with the complex process of filing a workers' comp claim. We understand the impact a work injury can have on you and your family, and we're here to help. Contact our office for a free consultation to discuss your case. We work on a contingency fee basis, so you won't have to pay anything unless we win your case and secure the compensation you deserve. Let Work injury attorney Wilmington, DE advocate for your rights while you focus on your recovery.
James Hall Personal Injury Lawyer Wilmington
Work injury attorney Wilmington, DE
1200 N Broom St,
Wilmington, DE 19806
(302) 590-7513
Do I need to file a workers’ compensation claim first?
Yes, in most cases, you need to file a workers’ compensation claim first if you’ve been injured on the job. At James Hall Personal Injury Lawyer Wilmington, we guide injured workers through the entire workers’ compensation process to ensure their rights are protected from the start. In Delaware, workers’ compensation is typically the first avenue for receiving benefits such as medical care, wage replacement, and rehabilitation services after a workplace injury.
Filing a claim promptly is important because there are specific deadlines and procedures that must be followed to avoid denial. While workers’ compensation usually bars employees from suing their employer, you may still have the right to pursue a third-party personal injury claim if someone other than your employer was partially responsible for your injury—such as a subcontractor, equipment manufacturer, or negligent driver.
Our experienced team will evaluate all possible avenues for compensation and handle both your workers’ comp and any related third-party claims. At James Hall Personal Injury Lawyer Wilmington, we’re committed to maximizing your recovery and making the legal process as smooth as possible.
What benefits can I recover?
If you’ve been injured at work, you may be entitled to several key benefits through a workers’ compensation claim. At James Hall Personal Injury Lawyer Wilmington, we help injured employees understand and pursue all the benefits available under Delaware law. These typically include medical expenses, such as hospital visits, surgeries, medications, and physical therapy—all fully covered without out-of-pocket costs to you.
You may also qualify for wage replacement benefits if your injury prevents you from working temporarily or permanently. Temporary total disability (TTD) benefits compensate you for lost wages while you recover, while permanent partial or total disability benefits may apply if your injury results in long-term limitations. In some cases, you may also receive vocational rehabilitation services to help you train for a new role if you can’t return to your previous job.
In addition to workers’ comp, if a third party contributed to your injury, you may be eligible to file a personal injury claim for added damages like pain and suffering or loss of quality of life. James Hall Personal Injury Lawyer Wilmington is here to evaluate your case and ensure you recover the full benefits you deserve.
What’s the difference between workers’ compensation and a personal injury suit?
The key difference between workers’ compensation and a personal injury lawsuit lies in fault and the types of compensation available. At James Hall Personal Injury Lawyer Wilmington, we help clients understand both options and determine the best legal strategy for their case.
Workers’ compensation is a no-fault system in Delaware, meaning you can receive benefits regardless of who caused the accident. It covers medical bills, a portion of lost wages, and disability benefits. However, it does not compensate for pain and suffering or allow punitive damages. In most cases, you cannot sue your employer directly if you’re receiving workers’ comp.
A personal injury lawsuit, on the other hand, requires proving another party’s negligence caused your injury. This could be a subcontractor, equipment manufacturer, property owner, or even a third-party driver. Unlike workers’ comp, personal injury claims may include compensation for pain and suffering, emotional distress, full lost wages, and future medical expenses.
In many workplace injury cases, both claims may be available. Our team at James Hall Personal Injury Lawyer Wilmington investigates every case to identify all liable parties and ensure you pursue the maximum compensation allowed under the law. Contact us today for a free consultation to explore your legal options.