The worst case is this: your workers' compensation carrier pays first, but you cannot force the drunk driver's insurer to reimburse those costs unless you can prove both fault and the full amount of loss. If liability is disputed, coverage is low, or the driver is uninsured, the money may not fully cover the comp lien, medical bills, and wage loss.

It goes better when you build the third-party case early and separate work comp proof from crash-fault proof.

For a Smyrna crash on US-13 Dupont Highway, the strongest evidence usually includes:

• The Delaware State Police crash report and any DUI arrest records
• Body cam, dash cam, or business vehicle camera footage
• 911 recordings and witness names gathered at the scene
• BAC or chemical test results if police obtained them
• Your employee's medical records and itemized bills
• Payroll records showing lost wages, overtime history, and missed work
• Proof the employee was on the job: delivery logs, schedule, GPS, dispatch texts, timecards

If DSP cited the other driver for DUI, reckless driving, or following too closely, that helps, but it is not enough by itself. You still need to tie the crash directly to the bills and wage loss.

In Delaware, workers' comp generally covers reasonable medical treatment and partial lost wages for a job-related crash. But if a third party caused the wreck, the comp carrier can usually assert a reimbursement lien against any recovery from that driver. That means settlement money may be reduced before your employee sees it.

The numbers improve when there is clear proof of impairment, solid insurance coverage, and clean documentation of every expense: ER bills, ambulance charges, PT, prescriptions, mileage, and wage records. On holiday weekends, when US-13 traffic is heavy and impaired-driving enforcement increases, timely police evidence often makes the reimbursement case much stronger.