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While any worker can get injured, construction workers face some of the most serious injuries on a daily basis. The use of power tools can cause serious injuries if they malfunction or when they are not used correctly.
Unfortunately, these injuries can leave workers with serious injuries and ongoing medical needs, while also keeping them out of work and unable to earn a living. The good news is that if you have been injured at work, your employer has an insurance policy that will probably apply.
There are many injuries which can occur from the misuse of a power tool or when a power tool malfunctions. Injuries range from painful but quick recovery to life-altering.
Under Delaware law, all employers, with a few exceptions, must carry workers’ compensation insurance coverage. This insurance provides compensation to workers like you who get injured while working. It is no fault insurance, which means that you are entitled to benefits, unless you intentionally injure yourself. Even if you caused the accident, so long as you did not intend to cause yourself any harm, you would still be entitled to benefits.
To collect workers’ compensation benefits, you need to report your injury to a supervisor as soon as possible. Your employer’s workers’ compensation insurance company will require a full report within a very short period of time. You cannot delay reporting this to them.
Workers’ compensation benefits only cover medical bills and lost income. So non-economic damages like pain and suffering are not included. But, depending on the circumstances of your accident, you may have other legal options to collect compensation for your injuries and your suffering.
If your workplace injuries fall under your employer’s workers’ compensation benefits, you will not be able to sue your employer for additional compensation. However, you can file a third-party claim if another party contributed to your injuries.
One place to look for additional liability is the manufacturer of the power tool. Sometimes, power tools are defective and that can have disastrous consequences, leading to serious injuries for workers.
For example, if you are a construction worker using a nail gun and the nail gun malfunctions and launches debris into your eyes, it is possible that the nail gun was improperly manufactured. This means you could file a claim against the company who manufactured the nail gun and attempt to get additional compensation from that company to compensate you for your injuries and suffering.
If you are working on a construction site and a contractor leaves a power cord out which you trip over, fall, and break your leg, you may be able to file a claim against the contractor and their employer. While filing a personal injury claim may be the last thing on your mind after suffering a workplace injury, it can be a good way for you to try to collect compensation for your injuries, above and beyond the workers’ compensation benefits you may be entitled to receive.
Getting injured at work can cause serious issues not only for your ability to earn a living but also get collect compensation for your injuries. When you are injured at work, your employer’s workers’ compensation policy will apply. But that does not cover everything you may need. To determine your legal options, speak with our Wilmington construction accident lawyers at Rhoades & Morrow. Call us today at 302-427-9500 or contact us online to schedule your free consultation with our experienced team. With offices in Wilmington, Delaware, we proudly serve our neighbors across Delaware.