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Workers' Compensation FAQs

Posted In Workers' Compensation

Workers’ compensation is a benefits system that can provide wages and medical care to employees injured on the job or to the surviving dependents if a death should occur. Read our "Worker's Compensation Frequently Asked Questions" for information on how to secure the benefits you deserve if you were injured through a workers' compensation claim. More ›

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What types of cases does your law firm handle?

While some law firms handle cases from a broad range of seemingly unrelated practice areas, the Morris James Personal Injury Group offers a more focused approach, helping those who were harmed by another party's negligent actions pursue compensation for their injuries via civil lawsuits. The skilled legal team with the Morris James Personal Injury Group boasts more than 80 years of combined experience in personal injury law and is adept at litigating personal injury cases, including wrongful death, auto accident, workers' compensation, dog bite, product liability, and slip-and-fall claims. More ›

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Factors That Can Affect Your Settlement Value in a Personal Injury Case

It’s only natural to wonder what is the settlement value for personal injury in Delaware. What can you realistically expect to receive in compensation for your pain and suffering? More ›

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What to Do After Being Injured in a Work Vehicle

Posted In Workers' Compensation

Have you been injured in a work vehicle? What rights do you have as an injured employee, and what compensation are you entitled to? The boundaries between work and personal life are becoming increasingly blurrier, so it's essential to understand the rights you have if you're injured in a work car accident. 

In this guide, we'll discuss what to do if you're injured in a work vehicle, how to determine who is responsible and what the difference is between workers' comp and a personal injury lawsuit. More ›

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Will I have to appear in court if I file a personal injury lawsuit?

It's not uncommon for prospective clients to ask if filing a personal injury lawsuit means that they'll have to appear in court. It's understandable; the thought of having to testify in front of a judge and jury can be intimidating—particularly for those with no prior experience in a courtroom. Fortunately, the experience is often far less overwhelming than clients expect—and far less dramatic than what they've seen on popular courtroom dramas. More ›

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Why should I hire an attorney?

Being involved in a serious accident can throw your entire world into chaos and leave you with a lot to consider, including whether taking legal action is appropriate. If you do decide to exercise your legal rights and pursue compensation for injuries sustained in an accident that was caused by another person's negligence, you may find yourself wondering if it's really necessary to hire an attorney to represent you. While the short and technical answer to that question is “no,” there are many instances where hiring an experienced personal injury attorney is not only wise, but offers you the best possible chance of achieving a successful outcome in your case. More ›

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My workers' compensation claim was denied, what now?

Posted In Workers' Compensation

For injured workers, having a workers' compensation claim denied can be confusing, frustrating, and maybe even a little bit scary. Fortunately, a denied claim is not the end of the road for workers seeking compensation for injuries sustained in the workplace. Delaware's workers' compensation laws give claimants multiple opportunities to appeal if their claim is denied.

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What is Gross Negligence?

Not all negligence is created equal. Under Delaware's personal injury law, there are different types of negligence. If you were a victim of the more severe form of negligence—known as gross negligence—you may be entitled to additional damages. More ›

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Why was my workers' compensation claim denied?

Posted In Workers' Compensation

People injured on the job in Delaware may be eligible for workers' compensation benefits such as coverage for medical expenses, and temporary partial or total disability payments. However, not all workers' compensation claims are approved. Read on to learn some of the most common reasons insurance companies give for denying workers' compensation claims, as well as how an attorney can help injured workers fight for the benefits they need and deserve. More ›

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How long do I have to file a claim in a personal injury lawsuit?

Most states have statute of limitation laws that place limits on how long an accident victim has to file a civil claim, such as a personal injury lawsuit. In Delaware, the statute of limitations for personal injury claims is two years, meaning that the lawsuit must be filed within two years of the date the accident—and the related injuries—occurred. Accident victims who fail to file a lawsuit within the two-year statute of limitations risk having their case dismissed.

There can be exceptions—the statute of limitations may pause, or “toll,” if the victim was mentally incompetent at the time of the injury. In this case, the time limit for filing a personal injury lawsuit extends to three years after the disability ends. More ›

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What is a settlement and what are some of the pros and cons of accepting one?

A settlement is an official agreement that resolves a personal injury claim or lawsuit before it goes to trial, allowing both parties to avoid the potentially lengthy and somewhat risky litigation process. In the United States, the vast majority of personal injury civil lawsuits never see the inside of a courtroom and are, instead, resolved via a negotiated settlement. More ›

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What happens to my workers' compensation claim if the company I was working for goes out of business in DE?

Posted In Workers' Compensation

An on-the-job injury can temporarily—and sometimes, permanently—put construction workers out of commission. When this happens, workers often rely on workers' compensation benefits to help make ends meet. More ›

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Who pays my bills/lost wages?

Medical bills and lost wages resulting from your injuries caused by an accident can be significant. When you are involved in a motor vehicle accident while in a Delaware insured car, your medical bills and wage loss are paid by the automobile insurance covering the care you are occupying – regardless of which driver is at fault. This coverage is known as Personal Injury Protection (PIP) coverage, and is also referred to as no-fault coverage. More ›

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For what might I be able to seek financial compensation?

Personal injury cases are often as unique as the parties involved, which makes it difficult for us to say exactly which damages a potential client could be entitled to pursue without first discussing the particulars of their situation. However, learning about common types of personal injury cases and the damages sought can provide valuable insight to accident and injury victims who are considering exploring their legal options.

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