Can You File a Personal Injury Claim While Collecting Workers’ Compensation Benefits in Delaware?

When you work with an experienced Delaware workers’ compensation attorney from Silverman, McDonald & Friedman, you can feel confident that you have strong representation for your workplace injury. We bring workers’ compensation claims on behalf of clients in and around Wilmington, Newark and Seaford. Please contact us for more information.

On the ride back to work, after making a delivery at a client’s office, you were involved in a car accident. Your injury would require surgery, and you will need a few weeks to recover before you can return to your regular work duties. You applied for workers’ compensation, since the injury took place while you were on the job, performing work duties and while you were driving a company vehicle. Workers’ compensation covers a partial wage-replacement temporary disability payment and medical expenses related to the accident. Delaware workers’ compensation is a no-fault system, so even if you caused your injury (for example, dropping a lug wrench on your foot and breaking your toe), you may still qualify for benefits. You would not qualify for benefits if you were drunk or under the influence of drugs when the injury occurred.

Then the other night at a family dinner, your brother-in-law, Dennis asked if you were also filing a third-party lawsuit against the driver who caused the crash.  Now, Dennis is not an attorney, but he works for a law firm as a legal assistant. While he often comes off as a know-it-all, this time, his suggestion was spot-on. So, you talk to a Delaware workers’ compensation attorney and they inform you about what a third-party injury claim entails.

Third-party injury claims for Delaware workplace injuries

If your injury was the result of a third party (the driver of the car who caused the accident), you may be able to pursue legal action against them for negligence. You would file a personal injury lawsuit against the at-fault driver, which would have no bearing on the workers’ compensation case. The injured worker would be entitled to receive the damages that they would have been eligible to receive despite the workplace injury.

What damages can you recover claim?

If you are successful in suing the at-fault driver who caused your injuries, you might recover the following types of damages depending on the circumstance:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress

Your employer’s workers’ compensation insurer has likely already paid for your medical expenses, and they have paid you a partial wage-replacement disability benefit, so they will likely place a lien on your injury settlement in order to recover what they have paid for your medical expenses and wage loss. You will be able to keep the what is left, which will include compensation for your pain and suffering and any other damages.

At Silverman, McDonald & Friedman, our dedicated Delaware workers’ compensation attorneys are here to fight for your right to fair compensation after a workplace injury. You are encouraged to contact us by calling 302-888-2900 or filling out our contact form to schedule a free consultation in Wilmington, Newark or Seaford today.