Workers’ Compensation Video Series – Part 2 of 5

Our Workers’ Compensation Video Series with Attorney Ben Schwartz continues. If you’ve been injured on-the-job, are you worried that your employer could fire you if you file a workers’ compensation claim? Find out what the Delaware law says in the second video in this series. 

Workers’ Compensation Video Series –
Part 2 of 5


Hi, I’m Attorney Ben Schwartz.

Today, we’re going to the second video in a series on the things your employer won’t tell you if you’ve been injured on-the-job. Employers do not always volunteer information when you’ve been injured at work. It’s illegal in Delaware to fire someone or to take adverse action against them in retaliation for making a workers’ compensation claim. I get this question from more than half of the clients that I have in workers’ comp cases: “If I hire you and make a workers’ comp claim, can’t my employer fire me?” The answer is no. They can fire you for something else, but they cannot fire you for making a workers’ compensation claim in the state of Delaware.

Delaware has a state-specific statute, Title 19 Section 2365 of the Delaware code, that says “it shall be unlawful for any employer or any agent of the employer to discharge or to retaliate or discriminate in any manner against an employee as to the employee’s employment because such employee has claimed or attempted to claim workers’ compensation benefits from the employer.”

If you have been injured on-the-job, you might be thinking that you should go to an attorney to learn more about your rights and get some help. Let’s say you’re out of work.  You’ve got no money coming in. Your medical bills are not getting paid. You don’t know what to do and you are scared about going to a workers’ comp attorney. You shouldn’t be worried because we have an anti-retaliation statute that prohibits employers from firing you or demoting you in retaliation for making a workers’ compensation claim.

Please watch part 3 of our workers’ compensation video series here.

Workers’ Compensation Video Series –
Part 2 of 5

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