Delaware Workers Compensation Benefits & Lawyer Referral

Being hurt or injured in the workplace or on the job site can be very overwhelming in the beginning. There are many issues to be dealt with such as how will you make up for lost wages, who is responsible for your injuries and how long will your recovery take. You may also have concerns regarding medical benefits and who will pay for them. You may also want to know what doctor(s) or healthcare providers can you see and can you choose them yourself.

Picture of Workers Compensation Form

Time for Paperwork!

Delaware Workers Compensation Medical Benefits

There are basic rules that apply to all Delaware employers regarding Workers Compensation Benefits. For instance, all Delaware employers with at least 1 employee has to have workers compensation insurance. This is to offer protection and benefits to anyone injured in the workplace or anyone who is exposed to an occupational disease. Also, Injured workers in Delaware are also allowed to see a healthcare provider of their choosing. However you may also have to undergo a medical examination  by a doctor your employer chooses. In terms of any healthcare related expenses your employer is responsible for those costs as long as the injury is work related and prevent you from effectively doing your job. Lastly, per Delaware Workers Compensation Law if you are hurt or injured on the job you must notify your employer immediately. If you do not you are at risk of being denied medical benefits coverage.

Common Types Of Medical Benefits Covered Under Delaware Law:

* Surgeries
* Doctor Visits
* Medications
* Psychological Counseling
* Physical Therapy
* Diagnostic Tests/X-Rays

Other Benefits Awarded In Delaware Workers Comp Claims

Temporary Total Disability Benefits

If there is lost time which extends beyond three days due to the injury, temporary total disability benefits become payable starting with the fourth day lost. If, however, the disability extends to seven days, the full disability period becomes compensable and no waiting period applies. The benefit amount is 66⅔ percent of gross weekly wages received at the time of the injury, up to a maximum established annually by the secretary of labor.

Temporary Partial Benefits

If the employee goes back to work part-time or at a lower rate than his/her pre-injury wage, the employee may be entitled to ⅔ of the difference between the pre-injury wage and his/her current wage. Partial disability may be received up to 300 weeks.

Permanent Impairment Benefits

When a job-related injury or illness results in a permanent partial disability, benefits are based upon a percentage of certain “scheduled” or “nonscheduled” losses. A “scheduled” loss is one involving arms, hands, fingers, legs, feet, toes, eyes, and ears. A “nonscheduled” loss is one involving the back, heart, lungs, etc.

Disfigurement Benefits

An employee may file a petition for disfigurement one year post accident/surgery for any scar, burn, or amputation related to the work accident. Disfigurement is paid out in a number of weeks up to 150 weeks, depending on the severity of the scar.

Death Benefits

When a job-related accident or illness results in the workers’ death, benefits are payable to the dependents of the worker as defined by the law. The weekly benefit payments are based upon the number of dependents, but the maximum total benefit payable to all of the worker’s dependents cannot exceed 80% of the maximum rate established by the secretary of labor.

Children who are deemed to be dependents remain so until the age of 18 years or if a full-time student until the age of 25 years. If a child is physically or mentally disabled he/she may be eligible for further benefits. The employer or its insurance carrier is responsible to pay up to $3,500 in funeral expenses for a job-related death.

Contact A Delaware Workplace Injury Lawyer

If you have sustained a work related or workplace injury call or contact Rahaim & Saints in Wilmington Delaware. They can be reached at 302 892 9200. Attorney Sheldon S. Saints is a skilled Delaware Trial Attorney. Should a settlement not be reached they are more than willing to take your case to trial. They will do their best to get you the compensation, benefits and medical treatment for your injuries.

Delaware Drunk Driving Details, Laws, and Counsel

In Delaware, you may be arrested for Driving Under the Influence (DUI) if you are driving, operating, or in actual physical control of a vehicle, an off-highway vehicle, motorcycle or moped while under the influence of alcohol or drugs.

Drunk Driving Crash Picture

Alcohol Related Car Crash courtesy of wikispaces

The illegal blood alcohol limit in Delaware is .08. That means that a chemical test (or breathalyzer) indicating a blood alcohol concentration (BAC) of .08% or greater, or the presence of any drug, prescription or illegal, is sufficient for a DUI arrest and conviction.

It is still possible however to be arrested for DUI with a BAC of below .08 if there is additional evidence of impairment such as failing the Standardized Field Sobriety Test administered by a police officer.

Delaware Implied Consent Laws

Delaware has an “implied consent” law. That means if you drive in Delaware and are suspected of DUI, you voluntarily agree to a chemical test to determine your degree of impairment.

Failure/refusal to take the test carries a penalty of loss of license and/or driving privileges for a period of:

1st offense - 12 months
2nd offence - 18 months
3rd or subsequent offense - 24 months in addition to the penalties for DUI

How DUI’s Are Handled

DUI violations are dealt with under both administrative and court proceedings, which are conducted independently of each other. Juveniles under age 17 who are arrested for DUI (.08 or higher) are processed through Family Court, and lose their driver’s license until they turn 21. The administrative proceedings take place at the Department of Motor Vehicles office located closest to where you were arrested.

I. DUI ADMINISTRATIVE PROCEDURES

At the time of a DUI arrest, a police officer will take your Delaware driver’s license and issue a 15-day temporary license, unless you driver’s license has already been suspended or revoked.

You must request an administrative hearing at DMV within 15 days of your arrest or your driving privilege will be lost for a minimum of 3 months.

All DUI sentences are carried on the driving record for a minimum of 5 years.

Administrative Hearing Process

You may file a written request for an administrative hearing at any DMV facility. The administrative hearing will be held to determine:

* Probable cause – whether a police officer had probable cause to believe you were driving, operating or in actual physical control of a vehicle, while under the influence of alcohol and / or drugs.

* Preponderance of evidence – whether a preponderance of evidence exists that you were driving, operating or in actual physical control of the vehicle while under the influence of alcohol and / or drugs. A chemical test of .08% or greater or the presence of any drug is conclusive evidence that you were under the influence.

An unfavorable ruling from the Administrative Hearing Officer will result in loss of your driver’s license for: 1st offense – 3 months, 2nd offense – 12 months, 3rd offense – 18 months.

II. DUI COURT PROCEDURES

A. PENALTIES

Listed below is the potential jail time, fines and length of driver’s license revocation that a DUI offender could be sentenced to by the Court. Please note that upon conviction, if there is a record of “refusal to take chemical test” then the offender will be subject to the highest possible length of license revocation for that offense.

1st Offense

Up to 12 months in jail
 $500-$1,000 in fines
 BAC below 0.15-12 months driver’s license revocation
 BAC .15 to .19- 18 months driver’s license revocation, Ignition Interlock (IID) mandatory
 BAC .20 or > – 24 months driver’s license revocation (IID mandatory),

2nd Offense Within 10 Years Of Prior Offense

60 Days (mandatory) to 18 months in jail
 $750-$2,500 in fines 
IID mandatory
 BAC up to .19-24 months driver’s license revocation
 BAC 0.20 or > – 30 months driver’s license revocation

3rd Offense Anytime After First 2 Offenses Is Also A Class G Felony

1-2 years in jail (3 months of which are mandatory)
Up to $5,000 in fines
 IID Mandatory
 BAC below 0.15 – 24 months driver’s license revocation 
BAC 0.15-0.19 – 30 months driver’s license revocation 
BAC 0.20 or > – 36 months driver’s license revocation

4th Offense Anytime After 3 Prior Offenses Is A Class E Felony

2-5 years in jail (6 months of which are mandatory)
Up to $7,000 in fines

B. FIRST OFFENSE ELECTION

At the time of arraignment, you may choose to apply for enrollment in a First Offense Election (FOE) program in lieu of standing trail. If you choose to apply, the application will constitute an admission of guilt, which means you waive your right to a speedy trial.

To be considered for a First Offense Election (may only qualify 1 time for FOE) one cannot have:

* A previous DUI
* Three or more moving violations within 2 years
* Caused injury to another person
* A BAC of .15% or greater
* Been a suspended or revoked driver or held no valid license at the time of the arrest
* Been transporting a child under 17 years of age or within a vehicle while under the influence

By applying for the First Offense Election you also agree not to request an administrative hearing at the Division of Motor Vehicles (DMV), or to withdraw any request previously made for this violation. The Court will notify DMV of your decision. DMV will revoke your license and /or driving privilege for a period of one year, in addition to any penalties that may apply as a result of your refusal to take a chemical test.

At the time of your First Offense Election you may request the Court to permit you to take the First Offense Election – IID Diversion option. This option allows you to drive after a minimum of 1- month loss of license and upon meeting the criteria outlined below:

* You held a valid Delaware driver’s license at the time of your DUI violation
* You agreed to take the chemical test at the time of your arrest
* Your revoked Delaware driver’s license has been surrendered to the Division of Motor Vehicles
* You have completed an alcohol evaluation and are enrolled in the designated alcohol program
* Your license is not suspended or revoked for any reason that would prevent the issuance of the IID license.
* The IID license provides unlimited Class D driving authority, provided you are driving the specified vehicle equipped with the ignition interlock devise and have the IID license in your possession.

C. CONDITIONAL LICENSE PRIVILEGES

A First Offense Election may be eligible to apply for a conditional license if they:

* Did not refuse to submit to a chemical test
* Satisfactorily completed a minimum of 16 hours in an education/ treatment program
* Pay all fees
* 3 months must have elapsed since the effective date of the revocation
* Do not drive during the revocation period
* Successfully complete a Character Background Review (if required)
* Pay $10.00 conditional license fee

A First Offense Election does not automatically guarantee the issuance of a conditional license or early reinstatement.

III. ALCOHOL EVALUATION AND TREATMENT PROCESS

Any individual arrested for DUI must schedule an evaluation with the Delaware Evaluation and Referral Program (DERP).

An individual may request an evaluation following their arrest, or an evaluation will be ordered by the Court, or by DMV. The evaluation costs $75.00. There is a $25.00 missed appointment fee. The evaluation and referral of a DUI offender is an information gathering and analysis process. The client meets with an evaluator to construct a personal history, including medical, legal, social, and psychological information. The evaluation takes approximately 1 hours.

The evaluation can consist of:

* A written and verbal evaluation
* Social history survey
* Substance abuse questionnaire
* Several essay questions
* Mental health symptom screening
* Client rights/confidentiality issues
* One on one interview with certified counselor

The information obtained from the evaluation, along with the evaluators review of the offender’s motor vehicle record and blood alcohol test results at the time of the violation, form the basis for analysis and recommendation. DERP will make a referral to one of the following types of programs.

Offenders must make contact with the agency within 30 days of the referral or risk being reported as “non – complied” back to the Court. Referrals are valid for 1 year.

A. EDUCATION PROGRAM

The major goal of the educational program is to help offenders take a careful look at their situation, take responsibility and ownership for their behavior and explore what it takes to solve the problems they’ve encountered.

B. Outpatient Treatment

Outpatient treatment programs offer a full range of treatment services to chemically dependent clients. The major goal of each agency is to provide services that will halt the progression of substance abuse. The standard program consists of a combination of individual and group counseling sessions over the course of approximately 3 months. All services are provided by professionals and are confidential.

C. Outpatient 21 and Under

This program is designed to provide treatment to young offenders, ages 21 and under. Treatment consists of group, individual and family counseling sessions. Family members are encouraged to become involved in the overall treatment experience.

D. Alternative Program (Mental Health)

This program offers an alternative to DUI offenders who are experiencing mental and emotional adjustment problems in addition to their substance abuse dependencies. The program’s major focus is to alter patterns of behavior that could lead to subsequent DUI violations.

OUTPATIENT TREATMENT PROGRAM, 21 AND UNDER PROGRAM AND ALTERNATIVE PROGRAM FEES:
$600.00 Program Fee
$25.00 fee for each missed group
Random urine screen fees as necessary

IV. ADDITIONAL INFORMATION

A. Ignition Interlock Program (IID)

Individuals eligible for IID are:

* First Offense Election – IID Diversion – Election must be made at Court
* 1st Offenders with BAC’s > .15 and 2nd or Subsequent DUI Offense (IID is mandatory)

This is a voluntary program that is paid for solely by the offender. The cost is approximately $70.00 for installation and $75.00 per month plus tax to rent the equipment. There is a $30.00 deposit, due at the time of installation, which is refundable when the devise is removed. An offender must apply through DMV for this program.

The IID license authorizes the holder to operate a vehicle with full Class D operator driving privileges only when the vehicle is equipped with an ignition interlock devise. The IID devise is not available for CDL class vehicles. A Delaware registered vehicle must be used for the ignition interlock devise program.

B. License Reinstatement Process

An offender is eligible for license reinstatement if they have:

* Not driven during the revocation period
* Satisfactorily completed an alcohol education/treatment program
* Paid all fees
* Turned the revoked license in to DMV for the required length of time
* Successfully completed a DMV Character Background Review ( if required)
* Paid $143.75 reinstatement fee to DMV.
* License re-examination may be required.

C. Character Background Review Process

Character Background Review – Who needs on?

* If you had a BAC of .15 or above
* Any 2nd or subsequent offender

How is it done?

This process is generally done within a month of when an offender will be eligible for re – licensure.

* Request an application from DMV – Dover (302) 744-2508
* Call DMV interviewer for appointment
* Complete form with 6 references – name, address, and phone numbers
* Meet with interviewer – bring application and reference information
* Interviewer will mail a form to your references
* Your references will have two weeks to return the forms to the interviewer
* A decision will be made and mailed to offender

D. Out – of – State Violations

Offenders who are arrested in another state must contact the Delaware Evaluation and Referral Program to schedule an appointment for an evaluation. Once the evaluation is completed, this agency will request the paperwork from the state where the arrest was made. Once the offender has completed the program satisfactorily, the Delaware Evaluation and Referral Program will forward the information to the arresting state. An out-of-state conviction for offenders who hold a Delaware Drivers License will result in license revocation.

E. Out-of-State Offenders

Offenders who are arrested in Delaware but are licensed and live out of state are required to meet the Delaware requirements for alcohol evaluation and treatment program completion. The offender must contact the Delaware Evaluation and Referral Program and make arrangements through that office to have an alcohol evaluation conducted in the offender’s home state. The offender must also satisfactorily complete an alcohol program that meets Delaware requirements.

F. Zero Tolerance Law

If you are under 21 years of age, as little as one drink can make it illegal for you to drive. The law says that anyone under the age of 21 years, who drives, operates or has actual physical control of a vehicle, an off-highway vehicle, or a moped while consuming or after having consumed alcohol, shall have their driver’s license revoked for a period of 2 months for the first offense and not less than 6 months or more than 12 months for each subsequent offense. If the under aged person does not have a driver’s license, the person shall be fined $200.00 for the first offense and not less than $400.00 nor more than $1,000.00 for each subsequent offense.

If you are facing drunk driving charges in Delaware it is a wise move to consult with Delaware DUI Defense Attorney Andrew Rahaim by dialing 302-892-9200. He server those accused of crimes, drunk driving charges and traffic violations throughout New Castle County, Delaware.

Freibott Law Firm: Great Delaware Car Accident Attorneys

Car Wreck Bodies

Highway Decimation courtesy of jpg.to

In an instant, a life can change forever. A car accident can cause serious, life-altering injuries. When this accident is caused by someone else’s negligence or carelessness, that person should be held accountable for your injuries.

At The Freibott Law Firm, P.A., we provide experienced legal representation for drivers and injured passengers who have been hurt in car accidents. From our office in Wilmington, Delaware we serve clients throughout Delaware.

Aggressively Protecting People Injured in Car Crashes

Our car accident practice is focused on aggressively protecting the rights and interests of injured people. We never have, and never will, represent the interests of an insurance company.

Attorney Frederick Freibott has nearly 24 years of experience handling all auto accident matters, providing our firm with the knowledge and skill to get the results you deserve. Our experience has resulted in numerous jury verdicts and settlements for individuals injured in car accidents such as:

* Head-on accidents
* Side-impact collisions/T-bone accidents
* Rear-end collisions
* Drunk driving accidents
* Drugged driving accidents
* Inattentive driving accidents
* Accidents involving uninsured motorists

Our car accident lawyers take the time to build strong cases. We conduct thorough investigations in all motor vehicle accidents. When necessary, we work with a team of knowledgeable experts and professionals — including accident reconstructionists, medical professionals and economists.

Injuries Suffered In Auto Accidents

Head on crashes frequently take place at intersections or on two lane roads when one vehicle comes into the other lane and into oncoming traffic. Even at lower speeds common injuries seen in a head on accident can include cuts and lacerations, broken bones, joint injuries as well as whiplash. More severe accidents can cause brain, head and neck injuries. Spinal cord injuries, including paralysis, and wrongful death can also be the result of a head on automobile crash.

Your Life Following The Accident

Your life will most likely not return to what it was before the accident for several reasons. In addition to facing growing medical and hospital bills, possible lost wages at work and physical pain and mental suffering you will also have to focus on getting healthy again. With so much to be concerned with let an experienced, skilled and compassionate Delaware automobile accident lawyer deal with the administrative aspects of your claim. They will deal with the insurance companies on your behalf so you can focus on regaining your health.

Determining Automobile Accident Liability In Delaware

All Delaware Car Accident Liability cases are different. While the types of
 accidents may be similar the circumstances leading up to the accident and who,
or what corporate or government entity, is responsible and legally liable are
 never the same. Also, where a car accident happened and what was going on in the 
area also helps a Delaware Car Accident Liability Attorney to figure out who is
 liable. In an automobile accident occurring in Delaware it is possible for any 
of the following parties to be liable:

* The other driver or drivers insurance company (if multiple drivers caused 
your injuries)
* Parents or legal guardian of the other driver if they were juveniles, minors or teenagers
* Your own insurance carrier(s)
* Your employer
* The other drivers’ employer
* Contractors/Subcontractors/Construction Outfits
* Corporate Entities/Businesses
* Automobile Manufacturers
* Auto Mechanics/Repair Shops

No matter who is responsible for your injuries and medical costs having a
 qualified and reliable Delaware Automotive Crash Liability Lawyer on your side
will ensure all responsible parties compensate you appropriately.

We Will Settle Claims or Take Cases to Court to Get You the Compensation You Deserve

Our car accident lawyers know the complexities involved in car crashes that result in catastrophic injuries such as brain and spinal cord trauma. We also understand the ways in which insurance companies evaluate injury claims, and we use this information to maximize your recovery. We make sure that the full costs and effects of your injuries have been determined, and we aggressively seek compensation to cover all aspects of these injuries. While most auto accident claims are resolved via settlement with the liable parties insurance carrier some may need to go to the litigation phase if a fair and just settlement cannot be obtained. The attorneys at The Freibott Law Firm has many years experience effectively litigating accident and injury cases in Delaware.

Contact an Auto Wreck Injury Lawyer at Our Firm

Contact our Delaware law firm today to schedule a free consultation regarding your auto wreck with one of our experienced car accident lawyers. Why call us? We win.

You can also visit us on Facebook here.