Delaware · Work site injury: what can I do?

Work site injury: what can I do?

See If You Qualify

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Filing deadline2 years (civil lawsuit); report to workers' comp within 10 daysDelaware Code Title 10, § 8119

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Delaware?

Delaware: 2 years from injury for civil lawsuits; workers' comp employer notice within 10 days; formal claim within 2 years A lawyer can confirm yours.

2 years (civil lawsuit); report to workers' comp within 10 days

Source: Delaware Code Title 10, § 8119

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Delaware workers have 2 years to file construction accident civil lawsuits — Delaware's modified comparative fault applies and federal OSHA governs; Delaware courts are accessible for third-party claims against GCs and equipment manufacturers incorporated in Delaware

Delaware applies modified comparative fault with a 51% bar. Federal OSHA governs Delaware construction sites. A significant advantage in Delaware for construction accident plaintiffs is that many major equipment manufacturers and general contractor corporations are incorporated in Delaware — providing favorable in-state personal jurisdiction for products liability and negligence claims. Delaware Superior Court is Delaware's trial court for civil claims and has active personal injury dockets. The Wilmington and Dover areas have active commercial and infrastructure construction activity.

How this works nationally

For the overall process and updates, read the Work site injury: what can I do? overview. This page covers the local information available for Delaware.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Delaware? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. Delaware Code Title 10, § 8119