To protect workers, federal, state, and local guidelines set forth safety precautions for workplaces in Newark. Unfortunately, worksite accidents still occur and can lead to devastating or even fatal injuries. In these situations, injured workers and their families may need legal assistance from an experienced attorney to recover the compensation they deserve.
If you suffered an injury in a workplace accident, you are likely entitled to receive Delaware workers’ compensation benefits to compensate you for your losses. A seasoned Newark workers’ compensation lawyer can review your claim and help you follow the correct procedures to get the best chances of success.
How do Workers’ Compensation Laws Work in Newark?
Delaware law requires most employers to either buy workers’ comp insurance or self-insure their employees. This coverage is meant to protect workers who are temporarily or permanently unable to work after suffering an injury or illness resulting from their usual job duties. Workers’ comp provides medical insurance coverage for all an employee’s reasonable medical expenses related to their injury. If the employee is unable to work, workers’ compensation laws also require an insurer to pay a certain percentage of their wages.
Unlike in personal injury claims, an employee does not need to prove that somebody else was legally responsible for causing their injury to recover benefits. As with most other states, Delaware has a no fault, no blame workers’ compensation statute, which means that an injured employee could still receive benefits even if they were partially or fully to blame for the incident.
These benefits are generally exclusive, which means that injured workers cannot file personal injury suits against their employers if they receive workers’ compensation. However, if a third party such as a subcontractor or an independent contractor played a role in the injury, an injured worker could legally sue that party.
Common Injuries in Workplaces
There are many types of injuries that could result from one’s job duties. Some workers sustain sudden, acute injuries in worksite incidents. Other workers may experience chronic injuries that worsen gradually, often because of performing the same tasks over a long period of time.
Injuries from Worksite Incidents
Often, workers suffer injuries in sudden on-the-job incidents. Examples of this include car crashes, falls, machinery malfunctions, and construction site incidents. In these types of scenarios, employees may need to seek workers’ compensation for the following injuries:
- Back damage
- Head injuries, such as concussions
- Broken bones
- Lacerations and cuts
- Heart attacks
Our local workers’ comp lawyers are experienced in helping injured workers receive the benefits they need after severe on-the-job incidents.
Chronic Job Injuries
In some cases, workers may suffer conditions resulting from repeated motions over a long period of time. Workers who suffer from the following types of injuries and illnesses may also be eligible to receive benefits:
- Repetitive motion injuries, including tendonitis from an assembly line job or carpal tunnel syndrome from a typing job
- Partial or complete hearing loss
- Lung damage or other respiratory damage, from inhalation of toxic fumes or exposure to toxic substances
- Cancer from prolonged exposure to toxic substances
- Mental conditions, such as anxiety and depression
Even workers with pre-existing injuries can recover benefits if they establish that a workplace incident or their general job duties worsened their condition or accelerated the need for a treatment. A skilled attorney can further explain what injuries and illnesses are covered by workers’ compensation in Newark.
Call a Newark Workers’ Compensation Attorney to Learn Your Rights
Sadly, some employers or insurance companies try to deny payment of benefits to workers by arguing that an injury or illness happened outside of the scope of their duties. At our firm, a skilled Newark workers’ compensation lawyer can fight back against these arguments to ensure that you obtain the benefits you deserve. Call Doroshow, Pasquale, Krawitz, and Bhaya today to learn more.