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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...