Bear Workers Compensation Lawyers
Fighting for workers who suffer workplace injuries or occupational illness in Delaware
Employees risk injuries every day. In Delaware, if you are injured or become ill while performing your job, you have the right to demand that your employer pay your medical bills and a substantial part of your wages while you receive treatment from your doctors. At Silverman, McDonald & Friedman, we fight for all types of workers. Our Bear workers’ compensation lawyers fight to obtain all the benefits you deserve including benefits if you can’t ever work again. We also seek wrongful death benefits if a loved one dies while working. Our Record of successful workers’ compensation results includes the following:
- $1,250,000. We obtained a lump sum settlement for a worker after a workplace accident caused damage to her liver and spleen in a work accident
- $1,250,000. Our lawyers obtained this amount for a worker involved in a work injury/ trucking collision case
- $1,000,000. A workers’ compensation structured settlement
- $762,000. A claim for permanent impairment benefits.
- $638,152. We negotiated a settlement for a worker who suffered neck, back, and spleen injuries due to a car accident during work.
How can we help?
- What types of workers do you represent?
- What types of workplace accidents do you handle?
- What types of injuries do you handle?
- What are the requirements for workers’ compensation benefits in Delaware?
- What workers’ compensation benefits can Bear workers receive?
- How do you fight to obtain my work injury benefits?
What types of workers do you represent?
Our Bear workers’ compensation lawyers represent all types of workers who are employees. Many independent contractors are actually employees, so don’t rely on how your employer labels your job status. We may be able to show you are indeed an employee. In addition to filing a workers’ compensation claim, workers also have the right to file claims against the manufacturers of defective tools, equipment, and machines.
Our Bear workers’ compensation attorneys represent:
- Workers in manufacturing
- Construction workers
- Healthcare workers
- Warehouse workers
- Teachers
- Retail workers
- Hotel and other hospitality workers
- Restaurant workers
- Police officers and firefighters
- Nonprofit workers
- All other types of workers
What types of workplace accidents do you handle?
At Silverman, McDonald & Friedman, we handle all types of workplace accidents. Some of the most common types of workplace accidents, according to the National Safety Council (NSC) include:
- Exposure to dangerous substances or environments. Our Bear workers’ compensation lawyers handle claims involving hazardous chemicals, electricity, radiation, diseases, extreme temperatures, noise, and other dangerous substances/items.
- Overexertion. Many employees suffer back and other types of injuries due to lifting, pushing, and carrying heavy objects. Many workers also suffer repetitive motion injuries such as using a jackhammer or typing.
- Slips, trips, and falls. These accidents can occur anywhere (including construction sites, offices, and home offices) when rain and spills cause wet surfaces, merchandise or inventory is on the floor, there are cables and wires on the floor, or other walking hazards. Falls include falls from scaffolds, ladders, trees, roofs, and other heights.
- Contact with objects and equipment. Examples of this type of workplace accident include being compressed by equipment such as forklifts, colliding with another worker, bumping into corners, and other causes.
We regularly handle Delaware workers’ compensation claims involving:
What types of injuries do you handle?
We work with your doctors to verify your injuries or illness and the medical care you will need - including medical care for the rest of your life.
We’re ready to handle whatever type of injury or illness you have including the following:
Workplace injuries
- Traumatic brain injuries, concussions, and other types of head or facial injuries
- Spinal cord injuries including paralysis
- Severe burns
- Fractures/broken bones
- Electrocution injuries
- Internal organ damage and other crush injuries
- Shoulder, neck, and back pain
- Infections (a common injury for medical workers)
- Muscle, nerve, tendon, tissue, and ligament damage
- Loss of sight or the ability to hear
- Repetitive stress injuries
- Any other type of physical injury
We’ll explain if you qualify for psychological injuries such as post-traumatic stress disorder (PTSD).
Law enforcement officers, firefighters, healthcare workers, and first responders may be entitled to therapy for these mental health injuries.
Occupational illnesses
- Respiratory illness such as COPD, black lung disease
- Infectious diseases
- Cardiac disorders
- Musculoskeletal disorders such as carpal tunnel syndrome
- Skin diseases such as dermatitis
- Hearing loss
- Lead poisoning
- Cancer
We also represent employees in Bear who want to know about coronavirus claims.
What are the requirements for workers’ compensation benefits in Delaware?
Unlike personal injury cases, you do not need to prove your employer’s negligence is the cause of your injuries or illness.
You can file a Delaware workers’ compensation claim if:
- You are an employee
- You are injured while performing your job duties – even if those duties are away from the main office
- You develop an occupational illness during the scope of your job and the illness is not due to non-work-related causes
- You promptly notify your employer or someone in a position of authority such as a supervisor if you are in an accident or you’re ill
Workers’ compensation in Delaware is a compromise. In return for not having to prove your employer is negligent, you cannot seek damages for your pain and suffering and the amount of wage loss compensation you receive is less than in a personal injury claim.
What workers’ compensation benefits can Bear workers receive?
At Silverman, McDonald & Friedman, we demand that your employer pay you all the compensation that Delaware law permits. Workers’ compensation benefits include the following:
- Medical benefits. If you’re hurt on the job or become ill, you have the right to medical care for your injuries including emergency care, hospitalizations, surgeries, all types of rehabilitative treatment, medications, and assistive devices. You’re entitled to the payment of these medical bills for as long you need medical help to improve your health, treat any complications that may arise, and keep your health stable.
- Temporary disability benefits. Generally, employees have the right to receive 2/3 of their average weekly wages until they reach the point of maximum medical improvement (MMI). MMI is the time when more health treatments are not likely to improve your health. Some caps may apply. If you can work with restrictions, you can claim partial temporary benefits.
- Permanent disability benefits.When workers reach the MMI stage, there is an evaluation of their injury that identifies the type of disability, the location of the disability, and the impairment level (severity) of the disability. Based on these factors, a determination will be made as to what additional work loss benefits you have the right to receive. Delaware divides permanent injuries into “scheduled” and “unscheduled” losses. In addition, you may also be entitled to disfigurement benefits for any “scar, burn, or amputation related to the work accident.”
- Vocational rehabilitation benefits. Some workers may not be able to return to their former jobs but may be able to perform new work if they receive proper training and education. For example, manual laborers who receive training may be able to perform administrative work.
- Death benefits. If your relative dies while performing their job, our Bear workers’ compensation lawyers will seek death benefits (payment of funeral expenses up to $3,500 and weekly benefits) for the spouse and dependents.
When there is a determination of your permanent disability benefits, we’ll help you evaluate a lump sum settlement is advisable so you control the money instead of your employer or your employer’s insurer.
Our lawyers also handle federal workers’ compensation claims.
How do you fight to obtain my work injury benefits?
Clients hire Silverman, McDonald & Friedman because we fight for employees by verifying your eligibility, your medical condition and the treatments you need, your wage losses, and by anticipating all the arguments your employer will likely make to try to deny your claim or reduce your benefits.
Our Bear workers’ compensation lawyers will:
- Speak with you in person or online
- Review what happened
- Explain your rights
- Confirm your eligibility
- Notify your employer and their insurance carriers that you have a workplace or occupational illness
- File your claim
- Verify your medical diagnosis and prognosis
- Review your medical care including your right to choose your own doctors
- Verify your average weekly wage
- Show that you should receive temporary disability benefits
- Show that you should receive permanent disability benefits
- Show that you should receive disfigurement benefits
- Review whether you can claim vocational benefits
- Argue your case before a Delaware workers’ compensation hearing officer
- Negotiate lump sum settlements
Our team will also:
- Explain what an independent medical exam (IME) is
- Explain what working with workplace restrictions means
- Explain what a nurse case manager does
- Address every defense position such as that your injuries are due to a pre-existing injury
- Explain your duty to look for work once your injuries heal
- Review all other relevant issues
Get help from our Bear workers’ compensation lawyers now
At Silverman, McDonald & Friedman, we understand your concerns about your health, your ability to work again, and how you can pay your medical bills and daily living expenses. Our Bear workers’ compensation lawyers have helped many workers obtain the full compensation they deserve. We have more than 100 years of combined experience. Please call us or use our contact form to schedule a free consultation. We have offices throughout Delaware. Our lawyers handle workers’ compensation claims on a contingency fee basis.