(302) 364-6047

Read Our Blog

Contact Your Delaware Workers' Compensation Lawyers Today!

Personal Injury Claim v. Worker’s Compensation Claim

Personal Injury Claim v. Worker’s Compensation Claim

The most significant difference between a personal injury claim and a worker’s compensation case is fault. A personal injury case is based on fault, whereas a worker’s compensation case is not. Below we have identified some of the differences between personal injury cases and workers compensation cases. As always, it is critical to work with an experienced attorney to determine your legal options. Personal Injury Case Fault: In order to recover damages for being injured on someone else’s property, together with your lawyer, you must establish that that other person negligently maintained their property. Essentially, this means that the property owner did something wrong. For example, like in most car accident cases, with the exception of “no fault” states, you can only recover damages from the other driver if the other driver was at fault. Damages: You are able to recover for the harm/injuries you suffered. An example of these damages includes the following: Lost earnings Lost earning capacity Medical bills Future medical expenses Permanent impairment Pain and suffering Loss of enjoyment of life   Workers’ Compensation Case No Fault: You do not need to prove that your employer or co-workers did something wrong to receive workers’ compensation benefits. In most cases, an employee who is injured on the job is entitled to workers’ compensation benefits. Damages: Not entitled to benefits for pain and suffering in a workers’ compensation case. You can receive weekly compensation, permanent impairment benefits, medical bills, and vocational rehabilitation. Contact an Attorney If you have suffered an RSI at work, experienced attorney Ryan Zavodnick understands how important workers’ compensation benefits would be for you and your family....
What will happen at my worker’s compensation deposition?

What will happen at my worker’s compensation deposition?

A deposition is a recorded statement in which a witness answers various questions under oath, and it is common practice for injured workers to have their depositions taken during the worker’s compensation process. While the thought of being questioned by attorneys can be frightening for most people, being prepared and knowing what to expect can help alleviate the stress of the deposition. What Will Happen The deposition will probably take place in a conference room at a law firm with the following people present: You Your attorney The lawyer taking your deposition A court reporter, whose job it is to make a written transcript of the deposition for use as evidence in the case. Before the deposition begins, the court reporter will confirm that you understand your obligations to be truthful.  Because you will be testifying under oath during your deposition, it is critical that you answer each question truthfully.  During your deposition you will likely be asked a series of questions about the following topics: Background Information: Your name, date of birth, address, educational background, and work history. The lawyer may also ask if you have a criminal record or if you have filed any past workers compensation claims. Prior injuries: The lawyer may ask questions about any other prior injuries or accidents you may have had to try to prove that your injuries are not work-related. How the accident happened: While questions about how the accident happened can be limited, you may be asked detailed questions about your injuries if they happened over a period of time.   Such injuries may include repetitive stress injuries such as carpal...
Common Questions about Delaware Worker’s Compensation for Head Injuries

Common Questions about Delaware Worker’s Compensation for Head Injuries

While any on-the-job injury can result in severe pain, periods of disability, and medical expenses, workplace brain injuries can have a lifelong impact on your ability to continue in your occupation, enjoy your normal daily activities, and care for your loved ones.  Employees can suffer head trauma in many workplace accidents which include motor vehicle accidents, falls from ladders/roofs/scaffoldings on construction sites, or objects falling on workers on the ground.  Given the devastating impact of a brain injury, injured workers need to understand their legal rights to pursue worker’s compensation benefits and damages against negligent third parties.  This blog post provides information about head injuries on-the-job. What types of traumatic brain injuries occur in worksite accidents? The two common types of traumatic brain injuries (TBIs) include closed head injuries and open head injuries.  Whereas the seriousness of an open head injury typically is apparent because these accidents involve penetration of the skull and brain by an object, close head injuries can be far more insidious in nature.  A blow to the head experienced during a tumble off a ladder or the sudden forward and backward jerking motion during a motor vehicle collision can cause the brain to slam off the hard boney interior of the skull.  Workers sometimes exhibit few or minor symptoms in the immediate aftermath of a closed head injury. A type of closed head injury referred to as an “epidural hematoma” occurs when there is bleeding between the dura matter (fibrous tissue between the brain and skull) and the skull.  These injuries often result from a blow to the head that causes arteries to be torn. ...
Vision Loss or Impairments can be Devastating to Workers

Vision Loss or Impairments can be Devastating to Workers

We use our eyes in almost everything we do from the time we wake up in the morning to the time we go to sleep at night. When you sustain an injury that affects your vision, it can have a huge impact on your life and cause significant challenges. Common causes of vision impairments at work There are many different ways that a person’s vision can be impaired while they are at work. In most cases, the vision impairment stems from an injury to part of the eye. In other cases, however, temporary or permanent vision loss or impairment may occur due to traumatic brain injury1 or other brain damage. The following are only some examples of common causes of vision impairment in the workplace: ·         Blunt trauma to the eye ·         Long-lasting exposure to bright lights ·         Shards of metal, plastic, wood, or other hard materials getting into the eye ·         Harmful chemicals getting into the eye ·         Head trauma due to a fall, falling objects, or other traumatic event ·         Chemical exposure, drowning, or another event leading to oxygen deprivation Not only can all of these eye or brain injuries be extremely painful, but they also will often require immediate medical attention. Depending on the extent of the damage to the eye or brain, necessary medical treatment can involve emergency care, hospitalization, visits with specialists, or even surgery. Even with all of this treatment, some injuries cause vision impairment or vision loss that lasts for weeks, months, or that can even be permanent. Some people may have to protect their eye with a patch, thereby forcing vision...
Toxic Exposure at Work

Toxic Exposure at Work

The Occupational Safety and Health Administration (OSHA) has strict standards and regulations [1] to prevent workers in many different employment environments from being exposed to toxins, chemicals, or other hazardous substances while on the job. Unfortunately, OSHA also reports a large number of violations of these regulations,[2] many of which are in Delaware. There are likely many additional instances of toxic exposure that occurs in the workplace that have not been reported or discovered by federal officials. This means that many workers are at risk for injury and illness due to toxic exposure while they are performing their job duties. Injuries from hazardous chemicals Dangerous and toxic chemicals can cause many different injuries and illnesses, depending on the particular substance in question and the other circumstances surrounding the exposure. The following are only some of the risks of toxic exposure in the workplace: Irritation of the skin, eyes, throat, lungs, or other parts of the body Burns from lye, acid, or other corrosive chemicals Burns or smoke inhalation from flammable chemicals Cancer, nervous system damage, liver damage, and other conditions from DDT and similar compounds Lead poisoning, causing abdominal pain, cognitive issues, hearing loss, fatigue, and other serious symptoms Brain damage due to inhalation of chemicals and oxygen deprivation These are only some examples of the serious injuries that workers can sustain if they are exposed to toxic chemicals on the job. Most of these injuries require extensive medical treatment and workers deserve to have their medical care provided by workers’ compensation insurance, just like for any other type of workplace injury. Additionally, if the injured victim must take time from...
What Kinds of Workplace Accidents can Cause Head and Neck Injuries?

What Kinds of Workplace Accidents can Cause Head and Neck Injuries?

Injuries to a person’s neck or back can be debilitating. In serious cases, individuals who sustain these kinds of injuries may be bedridden for weeks or even months while they recover. In addition, victims may experience significant pain that may interfere with their daily life and ability to work. If a person’s spinal cord is affected by a back injury, there is even the potential for paralysis below the site of injury. When these kinds of injuries occur at work, victims are often able to secure significant workers’ compensation benefits to compensate them for some of their losses. The kinds of workers’ compensation benefits available under Delaware law1 for injured workers include medical benefits, temporary partial disability benefits, temporary total disability benefits, permanent impairment benefits, and disfigurement benefits. The specific benefits and the total amount for which you may be eligible depends on a number of circumstances, and an experienced attorney will be able to evaluate your case and advise you as to what kinds of benefits you may receive. To discuss your situation with an experienced Delaware workers’ compensation lawyer, call our office today. Common accidents that can lead to head and neck injuries at the workplace There are a number of accidents that can occur at the workplace that may leave victims with serious head and neck injuries. Some of the most common are discussed below. Slip and fall accidents – The vast majority of people reading this blog will likely have slipped and fallen at some point in their lives. In most cases, a slip and fall accident results in little more than bumps, bruises, and...
Office Workers can Often Obtain Significant Workers Compensation Benefits

Office Workers can Often Obtain Significant Workers Compensation Benefits

According to the United States Bureau of Labor Statistics,1 private employers reported almost three million nonfatal workplace injuries during 2014. While most people tend to think of high-risk industries such as construction or logging when they considering work-related injuries, injury-causing accidents can occur anywhere. In fact, even the most seemingly innocuous of work environments, such as the typical modern American office, can be full of potential hazards that can cause serious injury to employees. When workers are injured in accidents at work or develop occupational diseases related to their work environment, they are generally entitled to benefits through Delaware’s Workers’ Compensation Program. Consequently, anyone that has been injured in a workplace accident should talk to an attorney about their situation as soon as possible. What kinds of accidents can leave office workers with serious injuries? The kinds of accidents that can cause injury in an office environment are similar to those that can cause injury elsewhere. Some of the more common kinds of accidents that often result in injury include the following: Slip and fall accidents Fires Explosions Accidents involving cutting tools Elevator accidents Accidents involving harmful chemicals Escalator accidents Kitchen accidents Motor vehicle accidents Accidents involving workplace tools In addition to the hazards posed by accidents, offices can also have certain conditions that may cause people to develop serious occupational illnesses or medical conditions as a result of repeated exposure over a long period of time. Examples of these kinds of conditions include air pollution, exposure to asbestos in older buildings, defective or improperly designed office furniture, and poor lighting conditions. What kind of injuries can office workers...
Hospital Workers Injured in Slip and Fall Accidents can often Obtain Workers’ Compensation Benefits

Hospital Workers Injured in Slip and Fall Accidents can often Obtain Workers’ Compensation Benefits

Hospitals regularly employ thousands of people who come to work on a daily basis. While these facilities are designed to treat people who are already injured or ill, hospital workers themselves can often be injured in work-related accidents, including slip and fall accidents. In fact, the Centers for Disease Control (CDC) indicates [1] that the incidence of same-level slips trips and falls that caused injuries resulting in lost workdays was 90 percent greater for hospital workers than it was for all other private industries combined. Fortunately for workers who are injured in these kinds of accidents, they can often obtain benefits through Delaware’s Workers’ Compensation Program. [2] The most effective way for injured employees to ensure that they get the benefits to which they are entitled is to consult with a Delaware workers’ compensation lawyer as soon as possible. How do slip and falls occur in hospitals? Most modern hospitals are extremely busy healthcare facilities that have people going from place to place 24 hours a day. At any given moment, you can find people in a hospital who are cleaning, eating, transporting patients, waiting to see a physician, moving equipment from place to place, visiting friends and family, or engaging in commercial activity. As a result, there are a number of hazardous conditions that may develop in a hospital setting which have the potential to cause injury to hospital employees. Additionally, equipment malfunctions or poor maintenance practices can also create dangerous conditions that may cause a slip and fall. Some examples of these kinds of hazards include: Liquid spills Debris left in walkways Defective elevators Defective escalators Exposed electrical wiring Torn carpet...
What Kinds of Accidents can Cause Workplace Head Injuries?

What Kinds of Accidents can Cause Workplace Head Injuries?

Nonfatal workplace injuries affected some 3 million workers during 2014, according to statistics [1] released by the United States Bureau of Labor Statistics. Head injuries [2]  are among the most serious type of nonfatal injury that a person can sustain as they often have the potential to lead to long-term problems and may even spell the end of a person’s career. Fortunately for people who are injured at work, Delaware’s Workers’ Compensation Program provides people who sustain work-related injuries or who develop occupational illnesses with benefits regardless of fault. Work-related head injuries can occur in a variety of different accidents, some of which are discussed below. If you have questions or would like additional information regarding a specific case, do not hesitate to call our Delaware workers’ compensation law firm today for a free consultation. Motor Vehicle Accidents Many employment positions require that employees regularly drive motor vehicles such as cars and trucks as part of their daily duties.  Some examples of the kinds of jobs that may require workers to drive a vehicle include construction, trucking, delivery services, couriers, residential and commercial cleaning services, home repair services, and others. The tremendous forces often involved in motor vehicle accidents can easily cause head injuries, sometimes with devastating results. Slip and Fall Accidents Slip and fall accidents are consistently among the most common causes of serious head injuries. There are many reasons that a slip and fall may occur at work, including an employee’s own clumsiness, torn carpet, liquid spills, inadequate lighting, cracked pavement, accumulations of snow and ice, and many others. When people who slip and fall hit their heads on the ground...
The Effect of Social Media on Workers’ Comp Claims

The Effect of Social Media on Workers’ Comp Claims

If a worker gets injured on the job and their employer is required by law [1] to carry workers’ compensation insurance, the worker should be able to simply make a claim and receive the medical treatment and other monetary benefits they deserve until they recover. Unfortunately, there can be many complications in the workers’ compensation claims process and a truly injured worker could find themselves facing a partially or completely denied claim. Workers’ comp insurance companies will look for ways to deny claims as the company wants to limit its liability like any other type of business. In addition, an employer wants to limit the number of claims that occur to avoid heightened premiums. For these reasons, both the insurer and the employer may be engaging in investigation and similar activities to try to prove that an injury did not originate from the workplace or that an injury is not as severe as a worker claims. Social media can play a significant role in investigations Social media sites including Twitter, Facebook, Instagram, and more allow individuals to share a lot of information online regarding almost any aspect of their life if they choose to do so. While some people use restraint on these sites, many people choose to put many details about their interests, experiences, and activities on the Internet. It is especially important, however, to limit what you post online if you have a pending workers’ compensation claim or are receiving benefits. Imagine that you injured your back at work and your doctor tells you that you must rest from your job duties for a period of time because your...

Share This: