Everyone should be safe on the job. We're committed to helping Delaware workers get the justice they deserve.
Workers' Compensation for on-the-job injuries is a fundamental right for workers in Delaware and across the country.
More than 100 years ago, as the growth of factory work sparked a dramatic rise in workplace accidents, American workers and their employers struck a deal: employees would give up their right to sue their employer for unlimited damages for work injuries, and in return, businesses would cover their employees’ medical expenses when they got hurt on the job.
That compromise resulted in the modern workers’ compensation system. Today, companies in Delaware and the majority of other states are required to carry insurance that will support their workers in the event that they suffer a workplace injury, meaning that when you are hurt in the course and scope of employment, you are most likely entitled to compensation for your medical bills, a percentage of wages lost during your recovery and a series of other expenses related to your injury.
Unfortunately, employers don't always hold up their end of the bargain.
In an effort to cut costs, some companies simply do not purchase the workers’ compensation insurance that is required by law, leaving you without options when you are hurt on the job. Others may block your attempt to file a workers’ comp claim, or retaliate when you report an injury with dismissal or the threat of firing.
Here are some other common issues that you could encounter with your workers' compensation claim:
The employer denies that there was an injury.
The carrier stops paying benefits prematurely.
The carrier attempts to terminate benefits.
The carrier refuses to reimburse medical costs.
The employer invades the claimant's privacy.
The employer refuses to pay mileage reimbursement.
The employer refuses to pay permanency or disfigurement benefits.
With all of these forces working against you, it's easy to feel pretty helpless when you get hurt on the job. That's where we come in...
Our attorneys are here to level the playing field.
You stand a much better chance of getting the compensation you deserve with an experienced legal team on your side. Kimmel Carter's lawyers are well versed in the complexities of the workers’ compensation process, and we have the know-how and the strength to take on powerful employers and their insurance providers in order to get you the best possible award for your injuries.
Even if all parties are cooperating, it can still be a good idea to speak to a qualified workers' compensation lawyer about your work injury. In addition to helping you to obtain reimbursement for your medical bills and other expenses, working with a Kimmel Carter workers' compensation attorney can help you to understand your rights, your financial situation, and what to expect from your employer's insurance carrier, as well as help you plan for medical examinations, depositions or other procedures related to your claim.
Kimmel Carter represents injured workers who have suffered from the following, and more:
Why choose us?
Fighting for Delaware's injured workers is our passion: members of our team have helped to write key legislation protecting the rights of injured Delaware employees, and over the years, Kimmel Carter lawyers have served in leadership positions within the Workers' Compensation Section of the Delaware State Bar Association, the Workers' Injury Law Advocacy Group and other respected organizations in our field.
Regarded as some of the best workers' compensation attorneys in Delaware, Kimmel Carter's lawyers have received awards from Delaware Today magazine, U.S. News and World Report Best Lawyers and more for their work on behalf of workers' compensation claimants, all while winning victory after victory for injured workers.
Because we offer free consultations and contingency fees, you won’t owe us anything unless we win your case. If you have been hurt on the job, please call us at (302) 565-6100 or contact us for your free consultation today.
Commercial Motor Vehicle Accidents
With the inherently dangerous nature of taxi driving, trucking and other similar fields, it is unsurprising that commercial car accidents are a common type of injury handled through the Delaware workers' compensation system. Unlike in other car accident cases, the driver was usually in the course and scope of employment when the accident occurred. If that is true, then the accident could be handled through a workers' compensation claim against the employer.
Commercial motor vehicle accidents can occur to many different types of employees driving many different types of vehicles in Delaware: drivers of emergency vehicles, buses, semi-truck trailers, delivery vehicles, shuttles and taxis can all be victims of traffic accidents and have workers' compensation claims.
If you're concerned that your commercial vehicle accident is being mishandled, or if you just want to know more about your rights, we can help you get answers with a free consultation.
Construction Work Accidents
Construction workers face very dangerous working conditions. Serious work-related injuries frequently occur at construction sites. Hazards can include moving or falling machinery, heavy objects, falls from high elevations, defective or unsafe equipment, electric currents, asbestos and chemicals.
The law requires that certain measures are taken on construction sites to protect workers from inherent hazards. Generally speaking, contractors are required to:
Take precautions to create a reasonably safe work site
Warn workers of inherent site hazards
Hire employees who are cautious and skilled
Supervise the work site to ensure compliance with safety specifications
Sometimes, however, safety precautions prove to be inadequate. This can result in devastating injuries to construction workers and other bystanders. When a construction site accident occurs, many parties can be liable: owners, architects, fellow on-site workers and manufacturers of equipment.
Delaware workers turn to Kimmel Carter for assistance and guidance when faced with the issues that come out of a workplace accident, and our lawyers consistently win impressive awards for clients injured in construction accidents.
If you or a loved one have been injured at a construction site, it is crucial to establish what compensation you may be entitled to as soon as possible. Kimmel Carter can assess your case and work with your insurance company in order to get the compensation you deserve. Learn your options with a free consultation.
Police and First Responder Injuries
When police officers, firefighters and other first responders are hurt on the job, they are owed the highest level of service and care. Kimmel Carter's attorneys take their commitment to fighting on behalf of first responders seriously, and over the years, we have been proud to win a series of substantial victories for the men and women who risk their lives to protect us.
Our close ties to the First State law enforcement, fire department and emergency medical service communities help us to provide superior legal counsel to injured first responders. For several decades, Kimmel Carter partner and retired Delaware State Police Captain Tom Roman has used his personal knowledge of police work to assist countless injured officers, while helping the rest of our team to better understand and serve law enforcement personnel. This tradition now continues with retired Delaware State Trooper, associate attorney Patrick Wenk.
Restaurant and Retail Worker Injuries
Often, restaurant and retail workers feel like they have no rights when they are injured.
At Kimmel Carter, we have been dedicated to protecting the rights of all injured employees in Delaware for over 50 years. We have experience with uninsured employers, employers who ignore employee injuries and even employers who attempt to retaliate against their employees.
School Work Injuries
The education industry is a much more physical field than many people realize, and teachers, college professors, staff, cleaning personnel and other school and higher education workers often encounter dangerous situations on the job.
As with any work injury, someone who works in education in Delaware may have a workers' compensation claim for medical bills, lost wages and disability if they are injured on the job. But for many school employees, getting the compensation you are entitled to is not always straightforward.
Kimmel Carter offers free consultations for employees who were hurt on the job. Learn more about your rights by calling or contacting us today.
Hospital and Healthcare Worker Injuries
Employees in hospitals, nursing homes, psychiatric care facilities and other healthcare facilities can fall victim to dangers that employees in other industries may not. At the same time, large hospitals and healthcare facilities often have extensive resources to direct towards silencing their workers' claims.
At Kimmel Carter, our attorneys have decades of experience dealing with workers' compensation claims for Delaware nurses and others who work in healthcare, and we are fully prepared to stand up against powerful healthcare systems and facilities to get you the benefits you are legally owed.