On March 2nd, 2023, the Court of Chancery of Delaware entered a default judgment against a company in an uninsured employer workers’ comp claim (Delaware Dept. of Labor v. Drew’s Tree Service, LLC). Here, our Wilmington workers’ compensation lawyer provides a more detailed overview of the case and explains your rights and options if you were hurt while working for an uninsured employer in Delaware.
Case Analysis: Delaware Dept. of Labor v. Drew’s Tree Service, LLC
Background and Facts
Businesses and organizations that operate in Delaware are almost always required to obtain the proper no-fault insurance coverage for their employees. The Delaware Department of Labor took legal action against a company called Drew’s Tree Service, LLC, for its alleged failure to obtain and maintain the proper workers’ comp insurance coverage.
Default Judgment Granted
The employer failed to cooperate with the legal proceedings. The Court of Chancery of Delaware issued a default judgment against the defendant. A default judgment is a ruling issued by a court in favor of one party failing to respond or appear in court to defend their case. The court has assessed more than $52,000 of fines against the employer for its failure to obtain workers’ comp insurance coverage for 209 days.
What Injured Workers Need to Know About Their Rights (Uninsured Employer)
In Delaware, the overwhelming majority of employers with one or more employees are required to obtain no-fault workers’ compensation insurance coverage. Injured workers have certain rights to compensation and protection in the event of a workplace accident. If your employer is uninsured and in violation of the law, your case becomes more complicated. Here are some key points to know:
- You Have a Right to Medical Care: You can and should seek immediate medical attention for work-related injuries/illnesses in Delaware. Even if your employer is uninsured, you have the right to medical care.
- You Can Bring a Claim Through a Special Fund: If your employer doesn’t carry workers’ comp coverage, you can file a claim with the Delaware Department of Labor’s Office of Workers’ Compensation (OWC) to receive benefits from the Uninsured Employers Fund.
- You Have the Right to Legal Representation: Navigating the workers’ compensation process is never easy, especially with uninsured employer claims. You have the right to hire a top-rated Delaware workers’ comp lawyer.
- You May Have a Lawsuit Against Your Employer: Workers’ comp is an exclusive remedy for injured employers. However, if your employer is uninsured, they do not receive this protection. You may be able to sue them for a work accident caused by negligence.
Contact Our Delaware Workers’ Compensation Attorney Today
At Freibott Law Firm, our Delaware workers’ compensation lawyers are standing by, ready to protect your rights. If you have any questions about workers’ comp and uninsured employer claims, we are more than ready to help. Give us a call at (302) 633-9000 or send us a direct message to set up your free, no-commitment case review. With an office in Wilmington and an office in Lewes, we are well-positioned to represent injured workers throughout Delaware.