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Workplace Injuries: Delaware Workers can Develop a Variety of Occupational Illnesses

Workplace Injuries: Delaware Workers can Develop a Variety of Occupational Illnesses

When people think of workplace injuries, they often think of injuries sustained in a sudden accident resulting is physical injury. While these kinds of incidents are common and injure millions of people each year, a significant number of workplace injuries occur in the form of illnesses that develop due to exposure to certain conditions, sometimes of the period of many years or even decades. Fortunately for people who develop occupational illnesses, Delaware’s Worker’s Compensation Program1 often entitles victims to benefits to pay for their lost income, medical expenses, and certain other losses in many circumstances. Obtaining workers’ compensation benefits for an occupational illness can be difficult, and it is highly advisable for anyone that suspects that his or her illness was the result of their work environment should talk to an attorney immediately. Call Zavodnick, Zavodnick & Lasky, LLC today to schedule a consultation with an experienced attorney. Respiratory conditions – Many types of employment have the potential to expose workers to dangerous materials that could cause serious respiratory conditions. Serious respiratory illness often have a substantial impact on a person’s ability to enjoy life, cause significant physical and emotional suffering, require substnatial medical care, and often can have an impact on a person’s lifespan. Examples of common respiratory conditions that are often the result of workplace exposure include pneumonitis, pharyngitis, chronic obstructive pulmonary disease, occupational asthma, and farmer’s lung. These kinds of illnesses can be the result of exposure to chemicals, vapors, dust, fumes, and other inhaled materials. Hearing loss – There are many jobs that could potentially result in hearing loss, a condition that can often occur...
Benefits after Workplace Violence

Benefits after Workplace Violence

According to statistics published by the Occupational Safety and Health Administration (OSHA),1 an estimated two million workers in the United States are the victims of violence in the workplace on an annual basis. While violence is more prevalent in certain jobs, an unexpected attack can happen in any workplace, either by a coworker or a stranger. Violent assaults can leave victims with severe injuries, in need of extensive medical treatment, and often emotional effects, as well. If you have been the victim of an assault in the course of your employment, you have legal rights to recovery. Your specific avenue to seek justice and obtain compensation will depend on the specific circumstances of your individual case, however, some common ways to recover include to file a claim for workers’ compensation benefits, a legal claim against the assaulter, a third-party legal claim against your employer, or even filing a complaint for criminal action. It is important to discuss your situation with a skilled workers’ comp attorney as soon as possible to start seeking compensation. Common injuries resulting from an assault The injuries resulting from an assault can range from a black eye to a fatal traumatic wound. Some of the most frequent injuries that result from assaults can include the following: Contusions Lacerations  Traumatic brain injuries Bone fractures and breaks Facial and jaw fractures Skull fractures and head trauma Stab wounds or puncture wounds Gunshot wounds Internal organ damage Coma The medical treatment for some of the above injuries can be extensive and may include hospitalization, surgeries, visits with specialists, rehabilitative therapy, and more. Many assault victims must take a...
Back Injuries and Workers’ Compensation

Back Injuries and Workers’ Compensation

The Occupational Safety and Health Administration (OSHA) reports1 that back injuries are the second most common injury that occurs in the workplace after hand injuries with more than one million workers sustaining back injuries on an annual basis. Back injuries can vary widely, from sprains and strains to herniated or bulging disks to serious spinal cord injuries. No matter what type of back injury you suffer, the injury will likely have a huge effect on your life. You may have to take time from work, from exercise, or even from your everyday activities.If a back injury happens during work-related activities, your employer’s workers’ compensation coverage should provide benefits fro you including medical care and compensation for wages you lose due to your injury. Common causes of back injuries and pain The back has many different parts that can be injured in many different ways. The following are some of the most common ways that work can lead to a back injury: ·         Lifting heavy objects ·         Carrying bulky or awkward loads ·         Uneven lifting ·         Pulling or pushing objects ·         Repeated bending over, such as to pack boxes ·         Loading or unloading cargo ·         Spending long hours behind the wheel of a car ·         Repeatedly driving over rough terrain ·         Dragging objects ·         Crouching, squatting, or stooping ·         Sitting in a chair that is not ergonomically friendly ·         Pushing strength beyond your limits ·         Working while physically fatigued Back injuries can develop over time due to repeated activities or can happen all at once due to a single event. Either way, a back injury can cause severe pain, can...
Misclassification as an Independent Contractor can Result in Wrongful Loss of Workers’ Comp Benefits

Misclassification as an Independent Contractor can Result in Wrongful Loss of Workers’ Comp Benefits

Any time a company hires an individual, the company must classify that individual as an employee, an independent contractor, volunteer, intern, or another appropriate title. This article will focus on the two most common classifications–”employee” and “independent contractor.” These terms are more than just labels, as they have many legal implications depending on how a worker is classified. There are many differences between an employee and an independent contractor, including the protections you are provided under employment laws and the benefits to which you are entitled. One important difference is that the large majority of employees are covered by their employer’s workers’ compensation insurance while independent contractors are not. Workers compensation benefits are very important in the event that you are involved in a workplace accident or otherwise sustain a work-related injury or illness. Workers’ comp insurance can provide you with the appropriate medical care for your injury and can provide compensation for the income you lost if you missed work during your recovery. In addition, you can receive additional compensation if your on the job injury resulted in a permanent disability or disfigurement. Many independent contractors work in relatively dangerous fields, including construction or driving a commercial truck. This puts them at a high risk of serious injuries in the course of their work. However, if they are injured, their employer is under no obligation to make a workers’ compensation claim to provide them benefits. Independent contractor classification is often wrong While some workers are clearly employees and some are clearly independent contractors, the classification for others may not be as immediately obvious. Too many companies automatically refer...
Workers’ Compensation for Psychological Injuries

Workers’ Compensation for Psychological Injuries

When you think of an on the job injury, you likely think of physical injuries that result from an accident or traumatic event or injuries that occur after repetitive movements. However, there is another class of injuries that can be very serious and that are regularly the subject of workers’ compensation claims. [1] Work-related psychological injuries can develop in many ways and for many reasons though the subsequent workers’ compensation claims can be difficult. Anyone who believes that they are entitled to benefits because of a work-related psychological or mental condition should discuss their situation with an experienced Delaware workers’ comp lawyer as soon as possible. Psychological injuries connected to a workplace accident Often, psychological injuries arise as a result of a physical injury that occurred on the job. When a worker sustains a particularly severe injury, it may have many effects in their life that may trigger chronic depression, anxiety, or related mental conditions. These effects can include: • Severe physical pain • Frustration regarding physical or cognitive limitations • Permanent scarring, disfigurement, or change in appearance Undergoing treatment for both a physical injury and psychological injury simultaneously can be both financially and mentally taxing and a psychological injury can postpone a return to work. Workers deserve to recover for not only their on the job physical injuries, but also any subsequent mental conditions that develop as a result of the accident. Post-traumatic stress disorder (PTSD) Post-traumatic stress disorder is a mental condition that can develop after an individual experiences a traumatic event. Such a traumatic event can involve injury to the PTSD sufferer or may simply involve...
Why did my Employer Deny my Workers’ Compensation Claim?

Why did my Employer Deny my Workers’ Compensation Claim?

If you work for an employer that provides workers’ compensation coverage and you suffer an injury or illness on the job, you should expect to receive benefits for medical treatment, lost wages, [1] and other relevant compensable losses. However, too often, an injured employee files a claim for workers’ compensation and receives a denial of part or all of their claim. Such a denial can be stressful as a worker then has to figure out how to cover medical bills and stay in control of their finances while they recover from their injury. However, many denials are not valid and can be challenged through the Delaware workers’ compensation appeal process. Anyone who has been denied should consult with a workers’ comp lawyer who understands your rights under Delaware law. Common reasons cited for a denial When your employer or the workers’ compensation insurance company decides to deny your full claim, you should be informed of the denial and relevant reasons in writing. Some of the more common reasons cited in a denial letter include: • You did not actually suffer a serious injury or illness • Your injury did not occur in the workplace or was not otherwise work-related • Your injury does not require medical treatment • Your injury does not require time off work Simply because your employer or its insurer makes the above statements does not mean they are necessarily true, however, and you will have the chance to present evidence to the contrary if you appeal the denial. Reasons an employer may wrongfully deny a claim Since an employer pays for workers’ compensation coverage, you...