Kenneth F. Carmine, Esquire represents clients who have been injured with an emphasis on individuals who are hurt while on the job or in the course of their employment. These are worker’s compensation cases primarily, but may also include a suit against contractors, sub-contractors or construction managers if their conduct is responsible for the injury.

If you are injured while performing any work duties for your employer, there are a number of things which you should do and not do.

First of all, do report the injury no matter how minor, to either a designated individual or your nearest immediate supervisor. The closer in time to an injury that you report it, the more likely you will be able to prove that the injury occurred at the job site in the event a dispute arises over the compensability of your claim.

Second, do seek medical attention from a physician of your choice. If you have a primary care physician/family doctor, call him or her as soon after the injury as possible and schedule an appointment. If you are injured badly enough that you need emergency help, you should proceed to an Emergency Room facility. An employer may initially take you to a physician who has a contract with the employer. There is no harm in seeing that doctor, but you are not required to continue to treat with him or her. The Delaware law provides that you may treat with doctors of your choice.

Third, do contact a lawyer. You should contact a lawyer who practices in the State where you were hurt. That is important because each State has its own worker's compensation law. Do call the attorney promptly, even if you are assured by your employer that you will continued to be paid and that worker's compensation will take care of your bills. Never assume you are on worker's compensation. Certain documentation has to be completed and filed with the Department of Labor in Delaware to document the fact that your injury is accepted as a compensable industrial injury. This applies not only to injuries such as back injuries, lacerations, amputations, burns, but also to repetitive use injuries such as carpal tunnel syndrome, "tennis elbow", plantar fascitis, certain shoulder injuries, and other repetitive trauma. It also applies to industrial diseases such as asbestosis, exposure to chemicals, exposure to mold or allergic reactions to substances on the job site. Just because you are receiving a pay check and your employer is making sure your medical bills are paid does not mean that you are "on worker's comp".

Fourth, do not speak with an insurance adjuster or nurse case manager or anyone else by the worker's compensation insurance carrier for your employer until you have consulted an attorney. The insurance adjuster is a trained professional with an understanding of the worker's compensation law. He or she has access to attorneys for legal advice.

Fifth, do find out from your employer the name, address and telephone number of their worker's compensation insurance carrier. If they will not give you that information, your attorney should be able to obtain it for you.

Sixth, do inform any physician you see about the history of your injury, including the fact that it happened at work and how it happened. There is no harm in giving doctors, hospitals or therapists health insurance information if they insist on it. Make it clear, however, to the provider that it is a work injury. If you are asked to check any boxes or other questions on doctors' forms, make sure that you indicate that you were hurt on the job.

Contact a lawyer who will inform you of your rights. Mr. Carmine will meet with you in consultation, listen to the facts of your case and advise you of your rights under the worker's compensation law in the State of Delaware. There is no fee for the initial consultation. The sooner you see a lawyer, the sooner you will be on an equal footing with the worker's compensation insurance adjuster. You should not be at a disadvantage when you are the one who is hurt.

In summary, make sure you see your doctor, do not talk to the insurance adjuster and contact an attorney when you are hurt on the job so that you will be in a position to obtain all the legal benefits to which you are entitled.