Middletown Workers Compensation Lawyers
Fighting for injured and ill workers for a combined 100 years
The hardworking people of Middletown who build our homes and offices, make and sell products, teach our children, provide healthcare, make our streets secure, and all other employees deserve our respect when they’re injured or suffer an illness while doing their jobs. At Silverman, McDonald & Friedman, we work to ensure that employees who have a workers’ compensation claim receive payment for their medical bills and the pay they deserve while they’re restoring their health and if they can’t work again. Our Middletown workers’ compensation lawyers have helped numerous workers obtain strong recoveries. A few of our successful results include the following:
- $1,250,000. A lump sum settlement for a worker who suffered damage to her liver and spleen in a work accident
- $1,250,000. An award in a work injury/ trucking collision case
- $1,000,000. A workers’ compensation structured settlement
- $762,000. A workers’ compensation permanent impairment claim
- $638,152. A settlement for a worker who suffered back, neck, and spleen injuries due to an automobile accident that happened during work.
How can we help?
What types of workers do you represent?
Silverman, McDonald & Friedman represent workers who do any type of work. We generally file worker’s compensation claims on behalf of employees. If you are an independent contractor, please contact us. We may be able to show you should qualify as an employee. Both employees and contractors can file third-party claims such as when your injuries are due to defective machines, equipment, or tools.
Our Middletown workers’ compensation lawyers represent:
- Construction workers
- Healthcare workers
- Workers in manufacturing
- Teachers and other education workers
- Retail workers
- Professionals
- Hospitality workers
- Restaurant workers
- Law enforcement and firefighting workers
- Nonprofit workers
- Warehouse workers such as workers at Middletown’s Amazon’s fulfillment center
- All other types of workers
What types of workplace accidents happen in Middletown?
According to the National Safety Council (NSC), common workplace injuries include:
- Exposure to harmful substances or environments. These accidents/workplace events include exposure to electricity, extreme temperatures, radiation, noise, and harmful substances.
- Overexertion and bodily reaction. Middletown workers may suffer injuries due to lifting, turning, pushing, or other excessive physical efforts. A worker may also suffer repetitive stress injuries due to strains due to repeating the same tasks over and over again.
- Slips, trips, and falls. These accidents may involve slipping on wet surfaces, tripping over cables and merchandise, and failing from ladders, scaffolding, trees, or roofs.
- Contact with objects and equipment. These workplace events include objects that strike a worker, bumping into objects, being squeezed or compressed by equipment, being crushed by equipment or materials, vibrations, and other causes.
Our Delaware workers’ compensation lawyers also represent workers who suffer accidents due to:
What are the common types of workplace injuries?
Our Middletown workers’ compensation lawyers represent workers who can’t work due to their workplace injuries or illness including the following:
Workplace injuries
- Head trauma including traumatic brain injuries
- Spinal cord damage injuries including paralysis
- Burn injuries
- Broken bones/fractures
- Electrocution injuries
- Crush injuries
- Neck, back, and shoulder pain
- Nerve, muscle, ligament, tendon, and tissue damage
- Hearing or vision loss
- Repetitive stress injuries
- Any other type of physical injury
Occupational illnesses
- Black lung disease, COPD, and other respiratory illnesses
- Heart disease
- Musculoskeletal disorders
- Skin diseases
- Lead poisoning
- Cancer
We also represent employees who have questions about coronavirus claims.
Am I eligible for workers’ compensation benefits?
Generally, you are eligible to file a workers’ compensation claim if:
- You are an employee
- You are injured during the scope of your employment
- You suffer an occupational illness during the scope of your employment and the illness is not due to other causes
- You promptly notify your employer or a supervisor/manager that you’ve been injured or you’re ill
The good news is that you do not have to show that the employer was negligent. Delaware’s workers’ compensation laws provides that a showing of negligence is not required. In fact, even if your negligence contributed to the accident, you can normally still file a workers’ compensation claim. The trade-offs are that you can’t receive compensation for your pain and suffering and your wages losses are reduced.
What benefits can I receive?
At Silverman, McDonald & Friedman, we demand all the compensation that Delaware law permits. Your workers’ compensation benefits include the following:
- Medical benefits. You have the right to receive the medical care you need to improve your health. Your employer (or their insurance carrier) should pay for all your emergency care, surgeries, hospitalizations, physical therapy, occupational therapy, other types of rehabilitative care medications, assistive devices such as prosthetics or wheelchairs, and assistive technology. You’re entitled to medical care to maximize your health and to keep your health stable (for your work injuries or work illnesses) – for as long as you live.
- Temporary disability benefits. Workers are generally entitled to receive 2/3 of the average weekly wages they were earning prior to the accident or illness until they reach the point of maximum medical improvement (MMI). MMI is the point when additional health treatments are not likely to improve your health. Some caps may apply. These benefits may be reduced if you can return to work with specific job restrictions.
- Permanent disability benefits. When you reach the MMI stage, you will be evaluated to determine if you have a permanent disability, the location/type of disability, and the severity of the disability. You may be entitled to additional wage loss benefits based on these factors. You may also be entitled to additional benefits for scarring, disfigurement, and amputation.
- Vocational rehabilitation benefits. Some workers who can’t return to their current jobs may be eligible to be retrained for other jobs. For example, physical laborers may be eligible for training or education courses to do administrative work.
- Death benefits. If an employee dies due to injuries or illnesses that occurred while working, the family may be entitled to the payment of funeral expenses up to $3,500 and weekly benefits based on whether there is a spouse and the number of dependents.
Once you reach the MMI stage and you’re evaluated for a permanent disability, our Middletown workers’ compensation lawyers will help you consider whether you should negotiate a lump sum settlement. With a settlement, you’re paid in full instead of having to wait for the payments to arrive periodically.
We’ll also help you receive benefits if you are covered under FELA or other federal worker claims acts.
How do you fight for injured and ill workers in Middletown?
At Silverman, McDonald & Friedman, we fight for employees by reviewing what happened, which doctors you’re seeing, and answering all your questions. We’ll explain what to expect. During the claims process, we also anticipate the arguments your employer is likely to assert to try to deny your claim or reduce your benefits.
We’ll work to:
- Show that you’re eligible
- Provide notice to the employer and their insurance carriers
- Verify your injuries or illnesses
- Show that your injuries and illnesses are work-related
- Review what doctors you’re seeing and whether you’re eligible and need to switch doctors
- Review what medical treatments you need to improve your health and keep your health stable
- Verify your average weekly wage
- Determine your temporary disability benefits
- Show that you are eligible for permanent disability benefits and explain the amount and length of those benefits
- Argue your case before a Delaware workers’ compensation court if necessary
- Negotiate lump sum settlements
We’ll also:
- Explain what an independent medical exam is
- Discuss whether you can return to work with workplace restrictions
- Explain what a nurse case manager does
- Work to counter any employer defenses such as that your injuries are due to a pre-existing injury
- Explain your duty to look for work when you reach the MMI stage
- Review all other relevant issues
Speak with our Middletown personal injury lawyers today
At Silverman, McDonald & Friedman, we understand how anxious you are. Your job supports yourself and your family. Workers generally like the work they do and the people they work with. When you’re injured or ill, your health and your ability to pay your bills become your top priorities. Our Middletown workers’ compensation lawyers have more than 100 years of combined experience fighting for injured workers. We’ve helped many workers obtain the benefits they need to return to work and move forward if their injuries or illnesses are permanent. We handle workers’ compensation cases on a contingency fee basis. Please call us or fill out our contact form to schedule a free consultation. We have offices throughout Delaware.