Under Delaware law, an injury that occurs at work falls under the workers’ compensation system, which differs from filing a personal injury lawsuit in court.
The Industrial Accident Board (IAB)
Workers’ compensation cases are heard before the Industrial Accident Board (IAB), not in a court with a jury trial. Most IAB hearings are decided by two board members. Although, if both parties stipulate to a hearing officer, then a hearing officer can decide the case without having board member involvement. However, there is no jury trial in workers’ compensation cases. However, there is no jury trial in workers’ compensation cases.
Proving Fault
In workers’ compensation cases, it is not necessary to prove your employer was negligent. It is sufficient to show that you were injured during the course and scope of your job. In contrast, a personal injury lawsuit requires proving that the opposing party’s negligence caused your injury.
Timing
IAB cases generally move more quickly than traditional court cases. In a personal injury case, you typically have two years to file a lawsuit after your accident. While some cases may be resolved sooner, most attorneys wait until you’ve completed treatment for your injuries before attempting to settle with the insurance company. If a lawsuit is necessary, it could take over a year to reach trial.
At Kimmel Carter, our team of experienced attorneys is dedicated to guiding you through the Delaware Personal Injury process. If you or a loved one is in need of assistance with a work injury or personal injury claim, don’t hesitate to call us for a free legal consultation.
Call or Text (302) 565-6100.
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