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DELAWARE INJURY LAWYERS
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Given the nature of the profession, construction sites are inherently dangerous places to work. According to the Centers for Disease Control and Prevention (CDC), over 360,000 non-fatal work accidents per year occur at construction worksites, and over 1,000 accidents result in fatalities. In fact, over 20 percent of all job-related fatal workplace accidents occur on construction sites annually.
Construction workers contend with dangerous equipment, electricity, water, heights, hazardous materials, and inexperienced coworkers on a daily basis. The profession requires physical skill, quick reaction, and extensive knowledge and operation of complex heavy equipment and tools.
Due to the high rate of injuries on construction sites, the Occupational Safety and Health Administration (OSHA) has enacted numerous state and federal safety regulations to protect construction workers. Every state requires that employers provide safe and healthy work environments to protect their employees.
Despite every effort to provide a safe and healthy worksite, accidents can still occur, resulting in injuries ranging from cuts and bruises to a fatal crush or slip and fall injury.
If you are injured at work, you should be entitled to Workers’ Compensation for medical bills and lost wages. It is essential to your claim that, if you are able, take every action to preserve the events surrounding your accident.
As soon as your injury occurs, notify your supervisor. Workers’ Compensation insurance requires employers file an official record of the incident, which will be used to evaluate your claim.
If no official report of the construction accident is taken because you or a coworker fails to notify the employer, you will not be able to file a claim for compensation due to your injuries. You are also entitled to a copy of the employer’s report.
The most important step with any workplace injury is to be evaluated and treated by a medical professional, even if you think the injury is minor. Many serious medical conditions, such as concussion or internal bruising and bleeding, do not necessarily present at the time of injury. Ignoring injuries such as these can have catastrophic consequences, and lack of medical treatment can forfeit your compensation claim.
If you are physically able, make a record of everything, including photographs. Document where the injury occurred, when it happened, what injured you, and how. Photograph the injuries, scene, materials or equipment involved, hazard signs or lack thereof, and anything else that may become relevant to your Workers’ Compensation claim. If the worksite has a security camera that may have recorded the accident, request a copy of the footage.
If you are able, take notes or audio recordings of witness statements, including names and contact information, as you or your attorney may need to speak with them later. If you are not physically able, ask a coworker to obtain this information on your behalf.
Your statements and actions following a workplace injury are extremely important and can be crucial in determining the outcome of your claim. Before making any official statements to your employer or insurance companies, seek counsel from an experienced attorney. You are entitled to handle your own injury claim, keep in mind that what you do and say is irreversible and could potentially jeopardize your case. A seasoned attorney is well-versed in Workers’ Compensation laws in your state, knows your rights, and will help you obtain and compile the records and evidence you need to support your claim for compensation.
While any number of accidents can happen on a construction worksite, the OSHA identifies the four most common injury risks as the “Fatal Four:”
Reporting your injury protects your legal rights following a worksite accident. Most states require same day reporting but, depending on your injuries, it is understood that is not always possible. In this situation, report the accident as soon as possible.
Filing your Worker’s Compensation claim should be the next step. Doing so provides formal notice to your employer, the employer’s insurance company, and the courts. Additionally, filing your claim provides you with certain automatic protections. These may vary by state, but all include general protections, such as:
Accidents on construction sites are common and can be life-altering events. If you have been injured while working at a construction worksite, contact our Wilmington construction accident lawyers at Rhoades & Morrow. Call us at 302-427-9500 or contact us online to schedule a free consultation. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout Middletown, Dover, Milford, Lewes, Rehoboth, Elsmere, and Seaford.
Construction sites are full of activity. Construction sites also have a reputation for having hazards and frequent workplace accidents, even though there are numerous safety guidelines and rules. When someone is injured on a jobsite, it can be a result of a person not following safety protocols or even malfunctioning machinery.
If you have suffered a workplace injury and the prognosis indicates that you will recover in a few weeks, Workers’ Compensation may provide you with enough benefits to get you back to life as usual. This coverage includes medical care and covers a portion of lost wages, no matter who caused the accident. In some cases, you may be able to file a third-party claim if a negligent party other than your employer caused your work injury.
The owner of the construction site has some responsibility for keeping the area free of hazards in order to keep everyone there safe. They may give control to third parties, like subcontractors, and they in turn hold responsibility for maintaining the safety rules. Owners and subcontractors could both be held responsible for construction accidents.
Construction architects, designers, and engineers are tasked with designing projects that conform to safety regulations and building codes, and they should not create designs that put workers in danger. Following blueprints that do not follow those codes can be a real recipe for disaster. All of the other contractors on the site should make safety a priority, and their work is coordinated with other contractors who may not be as conscientious.
If construction tools, equipment, or machinery are defective or unreasonably dangerous, an injured worker may file a third-party claim in addition to Workers’ Compensation benefits. Some workplace hazards that potentially warrant a third-party claim include:
These cases can be challenging because construction sites are constantly changing. Anyone who may have contributed to an accident may be encouraged to tidy up the scene soon afterwards, removing any evidence that could help prove negligence. You may have to take photographs, get testimonies from coworkers, and contact the Occupational Safety and Health Administration (OSHA) for an investigation.
When the liable party seems to be a designer or manufacturer, the case may fall under the products liability umbrella. These cases often use expert testimony to help show that the device that caused the accident was unreasonably hazardous. It is not unusual to have lawsuits where multiple parties are found to be liable. For example, if a scaffold broke and a worker fell, the manufacturer and subcontractor that owns the scaffold might be responsible.
If you end up suing another party for a construction accident, there will most likely be an investigation into what happened. Investigators may try to establish that there was an unsafe working environment. They may look for uncovered holes, tripping hazards, unsafe ladders, and other OSHA violations. If it is alleged that a piece of machinery is defective, investigators will want to know if the machinery has a history of causing problems.
Some construction accidents cause catastrophic injuries, including:
If you have a severe injury, you may need benefits to cover your long-term medical expenses.
You may be able to sue if someone besides your employer caused the construction accident and if your Workers’ Compensation benefits are not enough to cover your damages. This involves proving negligence. You can work with a lawyer to determine if you should file a Workers’ Compensation claim, a third-party liability claim, or both. Should you decide to proceed with a claim, the evidence-gathering phase will be vital to your case. A third-party lawsuit can be filed in court if a settlement cannot be reached.
Prevention is key to eliminating construction accidents. If your position requires you to wear personal protective equipment, you should follow those safety protocols. Also, be aware of your surroundings at all times, and keep an eye out for approaching vehicles, uneven surfaces, and holes in the ground.
Proper training is also essential for construction site workers. Not knowing how to properly use equipment is dangerous. If you feel that the site you are working on is unsafe, point it out to a supervisor as soon as possible.
If you were injured on a construction site while working, you may need help with your Workers’ Compensation claim. Our Delaware construction accident lawyers at Rhoades & Morrow can assist if you are having problems with your claim. Call us at 302-427-9500 or complete our online form to schedule a free consultation. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout Middletown, Dover, Milford, Lewes, Rehoboth, Elsmere, and Seaford.
Hard hat safety refers to procedures on the worksite intended to limit the risk of serious work injuries. Hard hats are a part of many construction site projects as well as many other jobs that involve hazards.
Hard hat use is common in a variety of workplaces today, but their use actually goes back to the early 20th century. Protective headwear was used during the construction of the Hoover Dam and the Golden Gate Bridge. Hard hats were so successful that they began appearing in many other types of work sites, like mining operations and shipyards. It was not long before hard hats became a standard part of workplace safety procedures throughout the United States. The Occupational Safety and Health Administration (OSHA) now mandates the use of hard hats for anyone working in areas where objects may fall and in other dangerous environments.
Hard hats can protect against a variety of potential injuries. Environments like construction sites can cause injuries due to heavy falling objects. Construction accidents can be caused by power tools and heavy machinery as well, and a hard hat can prevent serious work injuries. Worksites that involve electrical risks can also cause injuries or death if employees are not wearing proper safety equipment. Hard hats are a necessity for many employees.
Hard hats consist of two important safety considerations. The shell is the hard part that protects the head from injury. The suspension is the strap or another adjustable component that secures the shell to the wearer’s head. Without both of these components in place and properly functioning, the hard hat cannot do its job properly, and the health of the employee is at risk.
Hard hats come in a variety of types that are divided into classes that help to identify their purpose. Hard hats are designed for a range of safety issues, such as direct blows to the head and even electrical currents.
Common types of hard hats include:
Type I: Hats designed to protect the wearer from falling objects and other types of impact from above. These hats are specifically focused on protecting the top of the head and offer less protection to the sides and back. Hard hats have different types and classes to help identify what they are designed to protect wearers against.
Type II: This variety is focused more on protecting the wearer from blows and objects from the side or laterally. They are designed to offer protection to the front, back, side, and top of the head. To achieve this level of protection, they undergo extensive testing. Safety testing ensures that they are properly aligned for chin strap retention and that they offer solid off-center penetration resistance.
Common classes of hard hat include:
Class E: Specifically designed for electrical resistance, these hats can hold up to 20,000 volts of electricity.
Class G: As somewhat of a hybrid, this class offers protection from impact while also being designed to withstand up to 2,200 volts of electricity.
Class C: This is the basic hard hat class that offers protection from impact but no protection from electric shock.
Hard hat safety requires proper use. If an employee wears a hard hat but does not have it properly secured, they are at increased risk of injury. The same goes for employees who decide to wear a ballcap or other unapproved type of headgear under their hard hat. Any use that interferes with the ability of the hard hat to offer protection can result in severe injuries or death.
Employees on a dangerous job site have certain responsibilities for their safety as well as that of their co-workers. Typically, worksites that require hard hats will have posted regulations, and those without proper safety gear may not be allowed on the site at all.
After a workplace accident, it is important to document the incidence, and report the event as clearly as possible. When an injury occurs at the worksite, the employee needs to know their rights and may benefit from consulting a lawyer for help with Workers’ Compensation.
Hard hat safety is important on many worksites, but some injuries are unpreventable. If you have been injured on the job, one of our skilled Bear DE Workers’ Compensation lawyers at Rhoades & Morrow is available to help. For a free consultation, call us at 302-834-8484 or complete our online form. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.
Traditionally, hard hats were allocated to construction sites to protect workers from falling objects and to protect themselves in other potential construction accidents. Safety helmets were used by bicyclists, motorcyclists, and in other sports. The lines became blurred as safety technologies advanced and newer models were replaced. Nowadays, old-fashioned hard hats are articles of the past.
The evolution of the hard hat began a century ago when shipbuilders wanted to protect their heads from falling objects. The first stage was shipbuilders covering their regular hats with tar. In later years, protective hats were made from steamed canvas, aluminum, steel, leather, plastic, and fiberglass. Today, the most common element used is polyethylene. Some hard hats come with visors, lights, face shields, radios, and ventilation. The next stage was evolving standard construction safety helmets.
Helmets are generally used to protect someone’s head when operating objects such as bikes, ATVs, and skateboards. They are also worn by outdoor sports aficionados and rescue workers. Outdoor enthusiasts normally attach helmets closer to their head with chin straps; these helmets typically do not have brims. Newer features of safety helmets may include Hi Viz materials, ear protection, and attachable visors.
Construction hard hats have remained the same over the past 40 years, but Bloomberg BNA claims that this is changing. Bloomberg BNA recently posted designs of helmets for construction workers. These helmets were originally designed for mountain climbing and other outdoor sports. The main reason for this is so that helmets have better side impact protection and do not fall off during impact. The safety director of Skanska USA Commercial Development, explained that a hard hat may fall off when a worker falls and jerks their head.
Occupational Safety and Health Administration (OSHA) classifies head protection into different classes and types. These classifications also coincide with the American National Standards Institute (ANSI). OSHA also requires that employers provide head safety gear that meets or exceeds industry standards. Each class indicates protection from an electrical accident and each type indicates the protection level from an impact. The following are three different classes provided by OSHA:
The following are two types of helmets that are classified by the OSHA:
Understandably, modern construction helmets have pros and cons. The helmets provide security from side impacts with a lifespan up to 10 years; helmets are also more stable with chin straps. However, they can be costly, prices range from 100 dollars to 150 dollars each. In contrast, hard hats average around 15 dollars with some models feeling too heavy on the head. Another barrier is a worker’s preference. Hard hats have a long association with construction workers and many workers may not want to change the traditional appearance and feel of standard hard hats.
If you were injured in a construction accident while at work, you may be eligible for compensation. Our devoted Wilmington work injury lawyers at Rhoades & Morrow support workers who have suffered injuries from a construction accident. Contact us online or call us at 302-427-9500 for a free consultation about your case. Located in Wilmington, Bear, and Milford, we also represent clients in Elsmere and Seaford, Delaware.
Silica is a common, naturally occurring material found in sand, granite, and soil, and is used in a variety of building materials, such as glass, concrete, and masonry. As substances containing silica are chipped or chiseled away, small particles of silica dust are released into the air. In recent decades, we have learned people who inhale silica dust are at a significant risk of respiratory problems and chronic lung diseases, including silicosis and lung cancer.
Workers in construction and other building trades are especially vulnerable to silica-related health problems because of their prolonged exposure to this substance. Many seek compensation for the serious and preventable health conditions that impact their quality of life.
Because we now understand the risks to workers exposed to silica dust in agriculture, construction, manufacturing, mining, and other industries, the federal government has strict safety standards in place to protect workers. In addition to limits on the acceptable silica dust levels in the workplace, the Occupational Safety and Health Administration (OSHA) requires employers to:
Employers who fail to adhere to OSHA’s safety requirements may be liable in a claim for silica exposure damages.
Workers suffering from silicosis or other chronic illnesses caused by silica exposure generally have three options to seek compensation for the medical expenses incurred as a result of their loss of income when they are physically unable to work.
If you have been exposed to silica dust and have concerns about the risk for disease or have already been diagnosed with health conditions caused by toxic exposure, it is time to contact an experienced attorney. A Bear DE Workers’ Compensation lawyer reviews your situation, explains your legal options, and helps you take the first step to recover compensation for your preventable condition.
While silica is an important resource used in ways that benefit our everyday lives, workers who are not protected from inhaling its dust have a significant risk of contracting serious, incurable diseases. If your employer failed to protect you from silica exposure, the Bear DE Workers’ Compensation lawyers at Rhoades & Morrow assist with the financial impact a serious illness can cause. Call us at 302-834-8484 or contact us online for a free consultation. Located in Bear, Milford, and Wilmington, Delaware, we proudly represent workers throughout the state, including the areas of Elsmere and Seaford.
Any worker who handles metal parts, works in extreme heat, or uses electricity places themselves at a higher risk for a workplace injury. Those working in the welding profession perform all three of those tasks daily. By understanding the most common causes of welding accidents, welders can take the necessary steps to protect themselves from serious workplace injuries.
One of the most common causes of welding accidents is electrical shock. When metal pieces containing electrical voltage touch, their electrical circuit can cause primary or secondary voltage shock. Without proper grounding, these shocks can enter a welder’s body. Electrical shock can result in first and second-degree burns. Using proper grounding equipment and following safe work practices can prevent electrical accidents.
The welding process often produces toxic fumes that can be dangerous to workers who breathe these dangerous gases into their lungs daily. Welding fumes can contain harmful chemical byproducts, including lead, manganese, aluminum, carbon monoxide, carbon dioxide, and arsenic. Toxic exposure to metal oxide compounds can lead to the development of respiratory illnesses and lung cancer. To avoid injuries caused by toxic exposure, welders should work in ventilated areas with properly maintained equipment.
Also called arc eye, welder’s flash occurs when a welder is exposed to a bright flash of ultraviolet light coming from a welding torch. Welder’s flash typically causes inflammation of the cornea and can lead to light insensitivity, blurred vision, infection, and even loss of eyesight. Workers can protect themselves from flash burn by wearing coated safety googles, a welder’s mask, or specially designed sunglasses.
Noise pollution is another potential cause of welding-related injuries. The average welding working environment produces over 85 decibels of noise. Without proper ear protection, welders risk significant hearing loss or damage to the ear canal.
High temperatures produced by the welding arc can contribute to dangerous working conditions. Welders face significant burn risks from fire given the necessary high temperatures and amount of chemicals involved in the welding process. Molten metal and hot slags also present significant burn risks. Hot sparks and flying metal pieces can present an additional safety risk for workers. Debris landing in a welder’s eye or penetrating the ear canal can cause irreparable damage affecting the welder’s vision or hearing for the rest of their lives.
Welding accidents can result in serious injuries requiring years of medical treatment and result in an ability to return to work. Significant medical expenses and lost wages can place great financial stress on families caring for an injured worker. Employers who fail to provide a safe working environment for their workers may face liability when a workplace injury takes place. The first step in determining whether compensation may be available for a workplace injury is to contact an experienced Wilmington work accident lawyer to discuss your case.
If you or a loved one has suffered injuries in a welding accident, the experienced Wilmington work accident lawyers at Rhoades & Morrow can help you receive the maximum amount of compensation for your injuries. Our offices are conveniently located in Wilmington, Bear, and Milford, Delaware to serve work accidents victims throughout the state, including the areas of Elsmere and Seaford. To schedule a free consultation today, call us at 302-427-9500 or submit an online inquiry form.
Workers’ Compensation benefits provide compensation for lost wages and medical expenses when a work injury requires medical attention and lost time from work to recover. Although injuries vary according to each industry, there are several common accidents that occur in all types of work environments. The most common workplace accidents include:
The most common injuries related to workplace accidents include:
Accidents in the workplace will happen despite our best safety efforts. It is important to follow the protocols for reporting your injuries and filing for Workers’ Compensation benefits if you are injured at work. These include to:
In some cases, Workers’ Compensation benefits are denied, but this does not mean benefits are not available. An experienced Workers’ Compensation lawyer can appeal the denial and claim the compensation you deserve.
If you have suffered a workplace injury or illness, call the Wilmington work injury lawyers at Rhoades & Morrow at 302-427-9500 or contact us online to schedule a free consultation today. We will fight to obtain the benefits you deserve. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout the state, including the areas of Seaford and Elsmere.
Employees are susceptible to a variety of injuries each day. One type of injury, called a crush injury, often leads to severe complications, including death. Due to the nature of this type of injury, victims often need a long recovery period that often leads to expenses, including hospital bills and lost wages.
Crush injuries occur when an individual is pinned between two items. Ultimately, these incidents can lead to fatalities, nerve damage, internal bleeding, amputations, and other severe injuries.
Crush injury complications include:
Employees can obtain crush injuries whenever they are crushed between two items. However, there are a few common ways to obtain crush injuries. An employee may experience a crush injury from falling objects. For instance, if a construction worker is working in an unstable building, the ceilings, walls, or other objects may collapse and cause a crush injury.
An individual may also obtain a crush injury from being run over. Employees may experience this from a large piece of machinery, such as a forklift. The equipment used in construction settings are often extremely heavy. Therefore, severe injuries and fatalities may occur. Trench collapses can also cause injuries. Trenches are built by employees working on the inside. When trenches collapse, it often leads to fatalities.
Motor vehicle accidents may also lead to crush injuries. Professional drivers spend a lot of their time on the road. When an accident occurs, it may cause a crush injury. Mechanics may also obtain crush injuries if a vehicle falls on them due to a faulty jack stand.
Due to the nature of crush injuries, employees may be unable to work. This can lead to financial difficulties for victims and their families. Therefore, it is important for injured employees to consult a Workers’ Compensation lawyer. This will help families secure funds for medical bills and lost wages. Similarly, if an injury was caused by an external party, it is possible that the victim can file a third-party personal injury claim. This would be applicable to parties, including construction site managers, vendors, and contractors. This option may be used if a party’s negligence led to the injury.
If you or a loved one obtained an injury at work, please consider contacting a Wilmington work injury lawyer at Rhoades & Morrow. Our lawyers work closely with clients to fight for entitled compensation. If you are interested in speaking to one of our lawyers, contact us online or call us at 302-427-9500 for a free consultation. With offices located in Wilmington, Bear, and Milford, Delaware, we proudly serve clients throughout the state, including the areas of Elsmere and Seaford.
A gas company worker has died as the result of a shooting that happened in Wilmington on Monday afternoon. Two contractors from Delmarva Power and Light Company were working on a gas main when they were shot. Each gas company worker was taken to area hospitals, where one remains but is now listed in stable condition. The second victim succumbed to his injuries on Wednesday.
Workers who spend their days outside or at a work site may be in greater danger of becoming victims of violence. While hazardous conditions may exist at any workplace and in any industry, recent reports of workplace violence mean that the danger of being hurt on the job due to physical assault or worse is a very real concern. This is especially true when steps are not taken to ensure adequate security for workers in areas where crime is more likely to occur.
If you or someone you love was injured at work as a result of violence, contact the Wilmington work accident lawyers at Rhoades & Morrow by calling 302-427-9500 or contact us online. We represent clients throughout Delaware, including those in Wilmington, Hockessin, Newark, Glasgow, Bear, Middletown, Smyrna, Dover, Milford, Lewes, Georgetown, Elsmere, and Seaford, as well as in communities in New Castle County, Kent County, and Sussex County from our offices located in Wilmington, Milford, and Bear, Delaware.
Working in the construction industry presents significant risks to its workers. The Occupational Safety and Health Administration (OSHA) reports that over 18 percent of all workplace deaths in this country happen to construction employees.
In situations involving fatal construction accidents that were caused by another’s negligence, a wrongful death lawsuit may be appropriate.
In most cases, wrongful death suits are initiated on the behalf of any surviving family members, or any other parties affected emotionally and/or financially by the loss. The cases are brought against defendants that have contributed to or caused a person’s death though intentional harm or negligence.
These lawsuits can be undertaken by surviving spouses, parents of minor children, and minors that lose their parents.
If the surviving person is an adult child, sibling, other close relative, or life partner, suing for a wrongful death can become more complicated. Laws vary by state, but it must be shown that the survivor was at least in part financially dependent on the victim.
There are many kinds of personal injury cases that can become wrongful death claims. If the victim is killed on purpose, as in a murder, this would be an intentional act. Other examples include car accident deaths caused by negligent drivers, and medical malpractice suits.
OSHA points out that construction site fatalities commonly fall into certain categories. Electrocutions caused by power surges can occur if the work is not properly grounded and managed. Collapsed buildings can be deadly to workers; they can be crushed or fatally injured by falling or flying debris. Falls from rooftops, ladders, scaffolding, and high elevations also contribute to wrongful deaths.
Work-related construction accidents and injuries that lead to death may be required to go through the company’s Workers’ Compensation insurance; this may impact the amount of damages received. These regulations vary by state.
To prove liability in a construction accident wrongful death lawsuit, the plaintiff has to show that the defendant was responsible for the victim’s safety, but was negligent in this respect. The defendant also must show that this negligence directly caused the victim’s death, which caused the damages they need to recoup.
There are two main areas for damages:
Losing a loved one is traumatic, and is only made worse if it is due to another’s negligence. You need not suffer alone; call a Milford wrongful death lawyer at Rhoades & Morrow. We provide compassionate, experienced counsel in personal injury, Workers’ Compensation, and wrongful death cases. Contact us today by filling out an online form or call our offices in Milford at 302-422-6702, Bear at 302-834-8484, or Wilmington at 302-427-9500. We serve clients throughout the state of Delaware, including Elsmere and Seaford.
