Delaware Accidents

FAQ Glossary Topics Team
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I was driving to another Dover clinic and got hit can I sue too?

$25,000 to $100,000+ is a common range when a Delaware work-related crash also includes a claim against a negligent third party. What changes right now is this: you may have two cases, not one.

Before you know that, it feels like your employer controls everything through workers' compensation.

After you know it, the picture is different. If you were a nurse, teacher, or healthcare worker driving from one work site to another in Dover when the crash happened, workers' comp usually covers medical care and wage benefits because you were in the course of employment. In Delaware, your employer's insurance will often raise the exclusive remedy rule, which means you generally cannot sue your employer just because the crash happened while you were working.

But that does not automatically block a lawsuit against someone else.

If a beach-bound tourist on Route 1, a delivery driver on DE-8, a tire shop that installed a bad tire, or a vehicle manufacturer caused the wreck, you may still bring a third-party injury claim while also pursuing workers' comp.

What changes next:

  • Report the injury to your employer immediately
  • Make sure a crash report was made with Dover Police or Delaware State Police
  • Open the workers' comp claim through the employer/carrier and, if needed, the Delaware Office of Workers' Compensation / Industrial Accident Board
  • Do not assume comp is your only remedy if another driver caused the crash

Deadlines matter fast. Delaware workers' comp disputes generally have a 2-year filing deadline, and most Delaware personal injury lawsuits from a crash also must be filed within 2 years.

One more change once you know this: if you recover money from the at-fault driver, the workers' comp carrier may claim reimbursement for benefits it paid. That means the two claims need to be handled together early, especially in summer traffic when Sussex County beach travel doubles road volume and work-trip crashes get messy fast.

by Patricia Hazzard on 2026-03-24

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

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