Wilmington Workers’ Compensation Lawyers

No matter what industry you work in and what kind of work you do, an injury can happen on the job. Likewise, you should be entitled to Workers’ Compensation benefits if you are injured at work or during a work-related activity. Most Delaware employers are required by law to provide Workers’ Compensation coverage to protect their injured workers. However, there are certain guidelines you must follow, including notifying your employer, getting medical attention, and following up with your doctor. Your attorney can advise you on the appropriate steps to take after a workplace accident to ensure a fair outcome.

If you are injured on the job, or you suffer an occupational disease, your rights include:

Choice of doctor: You can choose the doctor you feel can provide you with the most appropriate treatment and offers the greatest convenience
Death benefits: Benefits are payable to the dependents of the worker fatally injured on the job
Disfigurement: Workers who have suffered scarring or disfigurement as a result of a work-related accident may be entitled to this type of benefit
Lump Sum Settlements: Payment is distributed in a one-time, large amount, rather than small payments over the course of recovery
Medical benefits: Beginning on the first day of your injury or illness diagnosis
Wage replacement: If you have been out of work due to a work-related injury or illness, you may be entitled to disability benefits
Right to an appeal: If you have been denied benefits or believe your benefits were unfairly suspended, you have the right to file an appeal. Though not required, having your case handled by an experienced Delaware Workers’ Compensation attorney can improve your chances of having your claim approved on appeal.

Common Types of Workplace Accidents

While there are many types of accidents that can occur at work, the most common include:

Auto accidents: Those who drive as part of their work day may be vulnerable to traveling, especially when road conditions are dangerous.
Construction accidents: Construction sites are notoriously dangerous places. OSHA‘s “Fatal Four” construction accidents include falls, struck-by accidents, electrocution, and incidents where workers are caught in or between objects.
Falling from heights: If you work in construction, you may have a greater chance of falling from a roof or a ladder, but even in an office setting, falls are common.
Falling objects: Heavy items that topple from shelves or are dropped can cause serious injuries.
Machine entanglement: This type of accident is most likely to occur in a factory setting when unsafe conditions lead to fingers, shoes, clothing, or hair caught in equipment.
Overexertion: This may be the most common workplace injury. It can be caused by pulling, pushing, lifting, holding, carrying, or throwing.
Repetitive motion injuries: This type of injury can occur in any industry whenever a worker consistently repeats the same motion. For example, this injury can be caused by typing or hammering.
Slipping or tripping: Many slip-and-fall injuries occur due to slippery surfaces, or because of cluttered work spaces. Employers have an obligation to ensure that spills are cleaned up quickly, and that work spaces are free of debris and other obstacles.
Toxic exposure: Those working with dangerous chemicals are at high risk of injury or illness related to exposure. In some instances, it can be months or even years before exposure victims begin to exhibit symptoms.
Violence: When arguments occur at work, workplace violence can be the result.

Common Types of Workplace Injuries

Just as there are many types of accidents that can occur at work, there are various injuries that can be the result of those accidents. These include, but are not limited to:

Amputated or Crushed Limbs: These types of serious injuries often occur when there is malfunctioning equipment present, or when safety precautions are not followed.
Bone Injuries: These include dislocations and fractures.
Burns: From mild to serious, a burn can be the result of a chemical exposure, fire, and an explosion. Recovery from a burn can be long and painful, and there may be permanent scarring.
Death: Unfortunately, fatal accidents do happen on the job, and loved ones are left to cope with the tragic loss.
Head Injuries: A head injury may range from mild to very serious, and even life-threatening. Types of injuries include concussions, facial lacerations, skull fractures, and traumatic brain injury (TBI).
Neck and Back Injuries: These injuries may include whiplash, spinal cord damage, broken vertebrae, herniated discs, and more. They can cause a lifetime of pain and suffering.
Occupational Hearing Loss: This injury occurs due to exposure to excessive noise and ototoxic chemicals in the workplace.
Repetitive Stress Injuries: Repetitive movements can lead to carpal tunnel syndrome, and damage to nerves, tendons, muscles, and other tissues.
Soft Tissue Injuries: Sprains and strains will heal in time, but they may cause a long period of pain and suffering.

Third-Party Liability Claims

In some cases, a construction worker injury can be the result of negligence on the part of someone other than the worker or his or her employer. When this is the case, injured workers may be able to recover additional compensation beyond what Workers’ Compensation provides by filing a third-party liability claim. To find out if your work injury claim may be worth more, consult a qualified Wilmington work injury lawyer. Your attorney can also advise you on whether your award is subject to subrogation.