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Category Archives: Workers Compensation


Stephen Morrow Speaks at the Delaware State Bar Association Workers’ Compensation Seminar

On September 15, 2020, Rhoades & Morrow partner, Stephen Morrow, spoke at a continuing legal education program hosted by the Delaware State Bar Association.  The full-day virtual program was co-sponsored by the Workers’ Compensation Section of the Delaware State Bar Association and the Industrial Accident Board.  Stephen spoke on a panel titled “Hot Topics in Ethics.”   He frequently represents injured workers in cases heard before the Industrial Accident Board.  In addition, Stephen represents clients in all areas of personal injury.  The team at Rhoades & Morrow is dedicated to fighting for the rights of injured individuals and their families. If you or a loved one has been injured in an accident, contact Rhoades & Morrow online or call 302-427-9500 for a free consultation.

Safety Practices During National Safety Month

June has been named National Safety Month by the National Safety Council. This gives employers the opportunity to consider how to bring more security and peace of mind to everyone. Around 4.5 million employees every year require medical attention due to work-related accidents. Additionally, similar accidents can happen outside of work that leads to personal injury claims. During National Safety Month, everyone should take extra time to practice safety.

Do Team Members Have Access to Ergonomic Equipment?

Some employees work at desk jobs daily. If their desks, chairs, and other equipment pieces are not ergonomically sound, they may end up feeling fatigued or develop lower back pain, shoulder discomfort, and headaches. Buying ergonomic equipment makes sense from a business standpoint. Although ergonomic products may cost more, these products allow staff members to be more productive and lessen the risk of injuries.

Are All Medications Kept in the Appropriate Places?

Each year, more than 67,000 people overdose on drugs and lose their lives. In some cases, those overdoses occur because of accidents related to where medicines are stored. All drugs, including over-the-counter medications or prescription medicines, should be kept out of the way of minors. They should also be properly labeled and only taken as expected. Older adults may have trouble remembering whether they took the right number and type of pills. Properly storing medications and using containers and calendars will help everyone monitor their dosages.

Is the Floor Clear of Clutter and Moisture-Free?

Slip and falls cause the death of 34,000 individuals annually. A smart way to lower the likelihood of someone tripping is to keep all floors clear of debris. Flooring should also be even and not torn, ripped, or frayed. Older, damaged floors should be repaired or replaced. In the case of recently mopped floors, temporary barriers and signage should be used to warn people of the wet area.

Does the Office Have at Least One First Aid Kit Handy?

It might seem strange to worry about first aid kits, but having one available can mean the difference between someone receiving assistance quickly or waiting for medical care. After all, accidents happen on a regular basis and without warning. For that reason, workers should always keep a first aid kit available. First aid kits travel well and can be stored in desks, backpacks, gym bags, purses, suitcases, car consoles, car trunks, bathrooms, garages, and kitchens.

Is Every Driver Following the Rules of the Road?

Though traffic and driving laws may seem heavy handed at times, these rules save lives. Just wearing a seat belt can help someone survive a car accident. Statistics culled over the past 45 years show that using seat belts and lap belts reduce the chance of dying in a crash by 45 to 65 percent. Younger drivers may need to be reminded of how to cautiously operate a motorized vehicle, especially when driving for work. However, even seasoned motorists can use refreshers to make sure they avoid hurting themselves or others due to avoidable collisions.

Are Workers Wearing the Appropriate Protective Equipment?

In many industries, workers must wear and use specific types of personal protective equipment (PPE). Whether purchased personally or obtained through the employer, employees must maintain and utilize their PPE to avoid common workplace injuries, including electrocution, crushing injuries, overexertion, lacerations, broken bones, soft tissue sprains and strains, and injuries caused in falling accidents.

During June, many companies offer extra PPE-themed classes to remind workers of the proper ways to safely go about their normal duties. Such classes may be held in conjunction with other training and workshops, such as on-the-job accident protocol updates, injury report notification expectations, and Workers’ Compensation claim filing procedures.

Do Fire Extinguishers and Alarms Work as Expected?

Taking just a few minutes to test alarm-related equipment or to conduct an impromptu fire drill can make sure everyone in the workplace remains safe if a fire breaks out.

Are Employees Receiving Annual Health Care Exams?

Playing it safe extends to personal health, too. Chronic or sudden issues rarely go away on their own and may lead to larger conditions and diseases. Caring for mental and physical health is a must-do as part of personal safety and prevention. Adults of specific ages are urged to undergo exams as these medical procedures and tests help everyone stay healthier by detecting problems early or warding them off entirely. Following health care recommendations based on gender, age, and other factors keeps everyone healthy.

Have Fall Hazards Been Addressed and Mitigated?

Falling accidents cause fatalities and severe injuries in a variety of fields, including manufacturing and construction. The most reasonable way to keep employees from requiring medical attention caused by falls is by instituting airtight procedures and rules, and then insisting everyone to follow the rules without failure.

Many falls are preventable with the right kind of planning. Assuring employees that they should take their time to make certain they are correctly positioned to avoid a fall is part of every manager’s role and responsibility, as well as making sure all fall-prevention equipment is well-maintained and in working order.

At home, people should be cautious when climbing ladders, working on rooftops, or cutting tree limbs without professional assistance. These activities can end in a trip to the emergency room, not to mention long-term problems, such as extensive traumatic brain injuries.

Wilmington Workers’ Compensation Lawyers at Rhoades & Morrow Advocate for National Safety Month

During this month, everyone should be extra cautious and advocate for safety; however, accidents can still happen. Our Wilmington Workers’ Compensation lawyers at Rhoades & Morrow are here to assist you with your injuries. Call us at 302-427-9500 or contact us online for a free consultation. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout the state, including Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.

Is Silica Dust Dangerous for Workers Who Are Exposed?

Workers are falling ill, some even dying, after being subjected to silica dust while making kitchen and bathroom countertops. There is a new fear that thousands of workers in the United States who make countertops from engineered stone are breathing in dangerous amounts of lung damaging silica dust.

What Makes Silica Dangerous?

Silica has been classified as a human lung carcinogen. It also causes a condition called silicosis, which occurs when silica dust enters an individual’s lungs and causes scar tissue to form. This reduces the lungs ability to take in oxygen. Silicosis can be classified as chronic or classic silicosis, accelerated silicosis, and acute silicosis. These three categories are defined by:

  • Chronic silicosis: Occurs after 10 or more years after exposure, and causes swelling of the lungs as well as trouble breathing.
  • Accelerated silicosis: Symptoms occur faster than in chronic silicosis, this usually appearing within five to 10 years after exposure.
  • Acute silicosis: Develops in less than five years. Lungs become inflamed with fluid and causes severe shortness of breath and low blood oxygen.

There is no cure for silicosis. Treatment consists of managing the symptoms, and in severe cases, a lung transplant.

What is Engineered Stone?

Engineered stone is a composite material made of crushed stone that is bound together by an adhesive. It contains around 90 percent silica. Cutting this type of stone releases the dangerous silica dust.

Engineered stone is now a popular choice for countertops because it is less likely to crack or stain. Engineered stone holds no danger to individuals once the countertops are installed in homes or businesses; however, it is highly dangerous for the employees responsible for cutting the stone for clients.

Who is at Risk of Developing a Silica-Related illness?

Silica is dangerous to employees in high risk jobs, such as:

  • Construction work
  • Tunnel work
  • Glass manufacturing
  • Ceramics work
  • Different forms of mining, including coal and hard rock mining
  • Stone cutting
  • Abrasive drilling

What Are the Responsibilities of Your Employer?

If you work in a job that requires you to be around silica dust, your employer is required by law to protect you. Here are a few things employers can do to protect employees from developing an occupational illness caused by silica dust:

  • Replace crystalline silica materials with safe substitutes.
  • Use available work practices to control dust exposure.
  • Be sure that employees wear all necessary protective equipment.
  • Hold and participate in training, exposure monitoring, health screening, and surveillance programs to monitor any adverse health effects that may be caused by silica dust.
  • Make sure that employees do not eat, drink, smoke, or apply cosmetics in areas where there is silica dust present.

How Can Exposure be Lessened?

Controlling the silica dust can lower employees’ risk of developing lung disease. There are a variety of proven methods, including cutting the stone while it is still wet, and using a vacuum or infiltration system that removes the silica dust from the air. Even with precautions, workers can still develop a work-related illness. If you are a worker that has become ill due to being exposed to silica dust at work, an experienced lawyer will determine if you are eligible for Workers’ Compensation.

Milford Workers’ Compensation Lawyers at Rhoades & Morrow Represent Clients with Work-Related Illnesses or Injuries

If you have sustained a work-related injury or illness, contact one of our Milford Workers’ Compensation lawyers at Rhoades & Morrow immediately. Our experienced lawyers will fight hard for your rights. For a free consultation, contact us online or call us at 302-422-6705. Located in Bear, Wilmington, and Milford, Delaware, we proudly serve clients throughout Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.

Electrical Safety Month

May is Electrical Safety Month, and everyone should be extra cautious when working with electricity. Electricity can cause serious accidents and different types of workplace injuries, so it is important to learn about electrical safety. Electrical workers and employees alike should advocate for safety during Electrical Safety Month and all year round.

Electrical Injury Statistics

In 2016 alone, there were 154 fatal accidents involving electricity on worksites. While this number may seem small compared to the population of the United States, no one should be killed by electricity on a worksite because it is often preventable.

Additionally, 53 percent of these accidents occurred in the construction industry. Proper safety procedures should be used to avoid these accidents in the future. There were also 1,540 non-fatal accidents where employees had to miss work to recover.

Basic Safety Procedures to Follow

If you or your employees work with electricity every day, you should:

  • Check the electrical cords of all tools before use.
  • Keep a safe distance from live power lines.
  • Never work in standing water.
  • Never repair electrical outlets or cables unless you are authorized to do so.
  • Turn off circuit breakers for any section of a facility you are working on.

You must train your employees to use all the tools that you have provided, and you should update this training every year. You should also give your employees a handbook that outlines the basic safety procedures that are used by your company.

How Can Electricity Harm You?

Electrocution or electrical accidents can occur when:

  • Electrical current makes direct contact with a worker.
  • The electrical current arcs from one location to another.
  • Electrical arcs can create energy that heats the area quickly.
  • Electrical sparks create a blinding flash.

As previously mentioned, you must keep a safe distance when working with electricity, and you should not bring conductors or conductive materials to the worksite. You do not want to accidentally ground the electricity yourself or with another object.

What Types of Injuries Can Occur During an Electrical Accident?

Workers can be injured by electrical currents at any time. These injuries occur when electricity is discharged:

  • Thermal burns: Burns that are caused by direct contact with an electrical current or spark.
  • Muscle contractions or spasms: This causes dangerous falling accidents.
  • Heart damage: Electrical currents can cause damage or stoppage.
  • Temporary or permanent blindness: This can result from the bright flash of a spark.
  • Collapsed lung: This can happen due to the immense pressure caused by a massive electrical discharge.

What Can Employers do to Prevent Electrical Injuries?

Employers should train their employees to use all equipment properly, and employees should be trained to use basic safety precautions around electricity. At the same time, employers should provide their workers with equipment that is made from non-conductive materials, like ladders. Additionally, ground fault circuit interrupters should be implemented on all worksites. Employers should call off all electrical work if it is wet, extremely hot, or bitterly cold.

Workers often assume they must complete all tasks no matter what because they have a job to do. Your employer, however, should not force you to work in unsafe conditions. Use your better judgement to avoid electrical accidents and protect your coworkers. If a worker does become injured, he or she may be able to file a Workers’ Compensation claim.

Wilmington Workers’ Compensation Lawyers at Rhoades & Morrow Help Workers Injured in Electrical Accidents on Worksites

You should talk to one of our Wilmington Workers’ Compensation lawyers at Rhoades & Morrow when you have been injured in an electrical accident at work. Call us at 302-427-9500 or contact us online for a free consultation. With offices in Wilmington, Bear, and Milford, Delaware, we serve clients throughout Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.

Fire at Delaware City Refinery Critically Injures Two Workers

On March 11, 2020, a fire was reported at the Delaware City Refining Company at the Route 9 industrial complex. Two employees were critically injured in the 1:40 p.m. fire that sent flames and black smoke into the sky surrounding the facility. Both victims were first flown to Christiana Hospital in Stanton and then taken to the Crozer Burn Center in Upland, Pennsylvania. The fire was responded to immediately and the flames were controlled quickly. The fire is still under investigation and a cause of incident is currently unknown.

Injuries at work happen frequently and can cause physical, mental and emotional harm on the injured worker. Employers must provide Workers’ Compensation benefits to those who experienced an injury in the workplace. Burns resulting from a workplace fire is covered under Workers’ Compensation. Worker’s Compensation insurance will provide the appropriate benefits to the worker. Benefits include medical compensation, missed wages, disability benefits and more depending on the injury.

If you have been injured at work, contact the dedicated Delaware Workers’ Compensation lawyers at Rhoades & Morrow for a free consultation. We understand how difficult this time is for you and will work hard to ensure that you receive the justice you deserve. Contact us today at 302-407-0827 or fill out our online form. We represent clients across Delaware including Wilmington, Bear, and Milford.

Workplace Fractures

Regardless of your profession, you may be at risk for suffering a work-related injury. Falling object or a misplaced filing cabinet could easily lead to one of the most common workplace injuries, a fractured or broken bone. Of course, the severity of a fractured bone depends on location and circumstances. Unfortunately, suffering a broken bone at work could lead to extended time off and lost wages.

Ways That You Can Suffer a Broken Bone

Broken bones can happen in many circumstances. The leading cause for fractures in the workplace stem from slip and fall accidents; improperly mopped areas or misplaced warning signs could lead to serious injuries. In fact, any kind of impact can break a bone, and it could take weeks or months for fractured bones to properly heal.

Types of Fractures

There are different types of fractures, some are more serious than others. Fractures can even lead to immobilization and deadly infections. Some common types of fractures include:

  • Open fractures: These types of fractures happen when the bone breaks the skin; they are often very serious and can lead to bone infection if not treated right away.
  • Displaced fractures: This fracture occurs when a bone breaks and becomes unaligned.
  • Non-displaced fractures: This is when a bone breaks but is still aligned.
  • Comminuted fractures: This fracture occurs when a bone breaks into several pieces.
  • Compression fractures: Compression fractures happen when a bone or joint breaks from significant compression, most likely from extreme impact or pressure.
  • Spiral fractures: A spiral fracture happens when the bone twists and breaks.
  • Transverse fractures: A transverse bone fracture happens when a bone breaks and relocates perpendicularly to the original bone.

Workers’ Compensation and Broken Bones

Regardless of the type, bone fractures are easier to prove in a workers’ compensation claim. The actions of a negligent employer can lead to an injury like a fracture, so keeping the right medical records are vital to your case.

With a fracture, doctors have an easier time to diagnose the injury and recommend the right therapy or time to heal. Due to a straightforward diagnosis, it is easy to prove that the broken bone happened at work. However, with any workplace injury, a knowledgeable lawyer is required to help you receive the right compensation.

Wilmington Work Injury Lawyers at Rhoades & Morrow Defend Those Injured by Workplace Negligence

Suffering a fractured bone at work could lead to long rehabilitation, extended time off from work, expensive medical bills, and lost wages. If you have been injured at work, you may be eligible for compensation. Our experienced Wilmington work injury lawyers at Rhodes & Morrow will get you justice and the compensation you rightfully deserve. Contact us online or call us at 302-427-9500 to schedule a free consultation. With offices located in Wilmington, Bear and Milford, Delaware, we also proudly serve the communities of Elsmere and Seaford.

Brain and Neck Injuries at Work

Work-related injuries that affect the head and neck are among the most serious injuries that an employee can suffer. Many of these injuries are life-altering, and the person may no longer work again or find themselves unable to perform the duties of their current job.

Traumatic Brain Injuries

A traumatic brain injury (TBI) often occurs in a workplace accident when an employee is directly hit on the head. The mildest form of a TBI is a concussion, and most people will recover within a few weeks. However, debilitating effects of a concussion can last longer for some individuals, and it may take months for a full recovery. Signs of a concussion include:

  • Blurry vision
  • Depression
  • Headaches
  • Memory issues
  • Nausea and vomiting
  • Difficulty concentrating
  • Coordination problems
  • Loss of consciousness

Moderate to severe TBIs may result in long-term or permanent impairment. In a worst-case scenario, other than a fatality, the person may lose mobility, the ability to communicate, or require full-time care. One example is a diffuse axonal injury, which results from the brain shaking within the skull due to the forceful trauma. Tissue inside the brain is torn, and death, coma, or severe brain damage can occur.

Brain and Neck Injury Causes

The most frequent cause of brain injury is trauma, and that may occur from a slip and fall in which a worker’s head hits the floor or a sharp or hard item. Objects falling and hitting an employee may cause a TBI and falls from heights. Workers driving while on the job are also vulnerable to brain and neck injuries if they are in a car accident.

Neck injuries may happen due to heavy lifting, repetitive tasks, or long hours spent at the computer. While TBIs occur suddenly, neck injuries often develop over time due to strain and wear and tear. Early signs of neck injuries include:

  • Pain when turning the head from side to side
  • Numbness in the arms
  • Pinched shoulders

What to do After a Brain or Neck Injury

Any type of head injury is a medical emergency. The worker should go directly to an emergency room, and they will require transportation. Report the injury to a supervisor immediately. Not all TBIs are apparent right away, but the longer a worker waits to seek medical treatment, the more likely continued brain swelling can cause long-term damage. Failure to go to the doctor quickly may cause the insurance company to allege the injury did not result from a workplace accident, seriously harming your claim.

A neck injury, if more gradual, still requires reporting and medical treatment. Unless the condition comes on suddenly, the worker may have to visit a healthcare provider recommended by the employer’s Workers’ Compensation insurance company. The injured worker should document workplace activities that are contributing to the neck pain.

There are more serious neck injuries, such as fractures, which may cause paralysis. Of course, these injuries also require treatment in the emergency room.

Wilmington Work Injury Lawyers at Rhoades & Morrow Advocate for Workers Suffering Brain or Neck Injuries

If you experienced a brain or neck injury due to a workplace accident, you may be eligible for compensation. Our dedicated Wilmington work injury lawyers at Rhoades & Morrow will fight to protect your rights and help you obtain maximum compensation. Contact us online or call us at 302-427-9500 for a free consultation regarding your case. Located in Bear, Milford, and Wilmington, Delaware, we also serve clients in Elsmere and Seaford.

Types of Factory Worker Injuries

Millions of part-time and full-time employees work in factory settings around the nation. Every day, factory workers put themselves at risk for being injured. In fact, factories are notorious for being hazardous work environments. Due to heavy machinery, moving parts, and slippery surfaces, factory environments have earned a reputation as being quite dangerous. Several types of work-related injuries are more likely to occur in factory settings than in any other workspace.

Getting Stuck

When a worker must navigate between moving machine parts, the worker may become caught in the machine. Sometimes, the worker cannot stop the parts quickly enough to avoid being crushed or stuck. These types of accidents can lead to anything from amputation to broken bones.

Strains and Sprains

Muscle sprains, strains, pulls, and tears may occur in factory workers that engage in repetitive actions. As employees move their bodies to accommodate their tasks, they may irritate and over-exert muscles and tendons. Over time, these injuries can become problematic, leading to a lifetime of aches and pains.

Falls

Falling accidents can occur for several reasons. Factory workers can easily fall because they often work in high areas and walk along slick floors. At best, falls can result in bruises or soreness. However, more serious falls can cause extensive trauma and head injuries. A concussed factory worker may not be able to return to the floor for days or weeks, if at all. This depends on how the concussion manifests.

Back Pain

Just about everyone experiences a back pain. Factory workers are more inclined  to experience consistent and excruciating back pain. Whether the pain stems from injury to the lower, middle, or upper back, it can become the source of a serious debilitation. Workers may require extensive back surgery and physical therapy to relieve their constant discomfort.

Loss of Hearing

Factories are well-known for being noisy places. If decibel levels exceed acceptable ranges, workers must wear personal protective devices, like designated ear plugs. Yet, employees may still develop hearing loss after working in a factory for many years.

Poisoning and Illnesses

Some manufacturing employees may be exposed to substances that can lead to poisoning and illnesses. Any factory workers who encounter chemicals or toxins need to wear the proper protective gear. Individuals who wear proper gear can still experience medical problems related to constant exposure.

Recourse After Injury

Factory workers who have been hurt on the job should be protected by Workers’ Compensation benefits. Employees who receive compensation may feel their injuries were caused by employer negligence. It is important to take necessary steps to file a lawsuit.

Wilmington Work Injury Lawyers at Rhoades & Morrow Advocate for Factory Workers Who Have Been Seriously Injured

If you suffered an injury due to a workplace accident, you may be eligible for compensation. Our experienced Wilmington work injury lawyers at Rhoades & Morrow will fight to protect your rights and help you obtain maximum compensation. Contact us online or call us at 302-427-9500 for a free consultation regarding your case. Located in Bear, Milford, and Wilmington, Delaware, we also serve clients in the Elsmere and Seaford area.

Nail Gun Injuries

Nail guns are commonly used in industries, such as construction and carpentry, due to their ability to boost productivity in the workplace. However, nail guns can also cause serious injuries; the Centers for Disease Control and Prevention (CDC) reports that they are responsible for 37,000 emergency room visits each year. Nail gun injuries vary on site and severity, however most are penetrating injuries to the hand.

Dangers of Nail Guns

Nail guns have the potential to cause serious, even fatal injuries. According to a study published in the ePlasty Journal, it only takes projectile velocities of 150 feet per second to penetrate the skin; projectiles fired from nail guns can reach velocities of up to 1,400 feet per second, causing extensive damage to surrounding tissue, nerves, and bones. Accidentally discharged nails that become embedded in a worker’s hand can not only cause musculoskeletal injuries, but can also leave the wound open to infection from foreign substances.

Types of Nail Gun Injuries

Although workers report nail gun injuries to the thorax, abdomen, flank, pelvis, and face, they most commonly occur to the hand. The hand is one of the most commonly injured parts of the body in any job, however there have been an increasing number of nail gun accidents in the construction industry over the last few decades. While nail gun injuries can cause blindness, cerebral damage, or even death, they most commonly result in:

  • Direct bone injuries
  • Infections
  • Injury to joints, tendons, or nerves
  • Soft tissue damage

Treatment typically involves removing the nail, irrigating the wound, and applying antimicrobial dressing. Nail gun injuries tend to heal quickly, however they often cause significant pain and loss of mobility, which can lead to disability claims and lost time from work.

Preventing Nail Gun Accidents in the Workplace

Most nail gun accidents are preventable. According to the CDC, employers can safeguard employees against nail gun injuries by:

  • Using full sequential nail guns, which are a much safer option than contact trigger nail guns, which often cause unintentional double-firings.
  • Training workers adequately, which decreases workers’ risk of injury.
  • Establishing and implementing nail gun work procedures regarding the handling and use of nail guns in the workplace.
  • Providing workers with personal protective equipment (PPE), such as eye protection, safety shoes, and hard hats.
  • Encouraging employees to report and discuss accidents and close calls. Workers may not report injuries if they fear retribution.

Wilmington Work Accident Lawyers at Rhoades & Morrow Help Workers Receive Compensation for Nail Gun Injuries

If you suffered a nail gun injury at work, contact a Wilmington work accident lawyer at Rhoades & Morrow. Our experienced attorneys can help you file a claim and receive the benefits to which you are entitled. From our offices in Wilmington, Bear, and Milford, Delaware, we represent clients throughout the state, including the areas of Elsmere and Seaford. For a free consultation, complete our online contact form or call us at 302-427-9500.

Are Remote Employees Eligible for Workers’ Compensation?

Working remotely, or telecommuting, offers numerous benefits for both employees and employers; companies can hire qualified workers from distant locations and employees can save money on gas and make their own hours. It is a good option for many, and some can split their workweeks between their employer’s office and their home offices.

There are important considerations to understand for both sides, one regarding Workers’ Compensation insurance. Although state laws vary, every organization is required by law to have a remote Workers’ Compensation plan. Companies that do not have these plans in place can be sued by employees.

How Coverage Works

Workers’ Compensation provides benefits to employees that experience work-related illnesses and injuries. Employers make payments into the fund, and compensation is provided for injuries that occur during work hours on work property. This includes medical benefits, including surgery, hospitalization and prescriptions, temporary or permanent disabilities, and death benefits.

However, some compensation plans also cover no-fault workers. This means that some can cover situations where the injury was caused as a result of the worker’s negligence. Benefits are not provided for pain and suffering, and independent contractors do not have Workers’ Compensation coverage.

States Laws

Different states have certain restrictions for mandatory coverage. Some specify the number of employees an organization must have to maintain Workers’ Compensation. Others state that the injury must occur within the course of employment to be covered. Insurance providers will also take the circumstances, location, and timing of the injury into consideration. Based on this, a worker that is injured while working from their home office can receive similar compensation to one that was working on-site.

Challenges for Remote Workplaces

Since remote workers are not visually supervised, companies may have to find ways to manage them. This can be done through a comprehensive telecommuter policy that defines the remote work environment and responsibilities. Some employers use cameras for monitoring purposes and conduct periodic inspections to ensure worker safety. The latter can include checking for fire extinguishers, smoke detectors, and adequate lighting and ventilation.

Working hours should also be specified, since injuries that do not occur during this time will not be compensable. Cameras and computer software can also track this information. It is also important for the company to clearly define what the job role and responsibilities are.

Remote workers may be tempted to spend some of their working hours on personal business, which can complicate matters. The employer may still be responsible for an injury that occurs while the worker is not at their desk if they only left their duties for a short amount of time. If the employee physically departs from their work area for a longer period of time and gets hurt, there may be no coverage.

Bear, DE Workers’ Compensation Lawyers at Rhoades & Morrow Help Injured Employees with Workers’ Compensation Claims

If you were injured at work, contact an experienced Bear, DE Workers’ Compensation lawyer at Rhoades & Morrow. We will evaluate your case and fight for the benefits you deserve for your injuries. For a free case evaluation, call us at 302-834-8484 or complete our online form. Located in Bear, Milford, and Wilmington, Delaware, we serve clients throughout the state, including the areas of Elsmere and Seaford.

Statement Regarding Coronavirus Disease ("Covid-19"):
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A Message to Our Clients: We Are Here to Help You.

The situation regarding the COVID-19 virus changes daily. During this uncertain time, we can assure you that the team at Rhoades & Morrow continues to focus on helping our current clients as well as assisting new clients.

We know that legal questions still arise, and we are here to answer your questions and provide the trusted guidance that you have come to expect from us over the years. To ensure the health and safety of our staff and our clients, we are conducting virtual consultations via Zoom and by telephone. We also have the ability to exchange documents via secure e-mail.

We will continue to work to protect the rights of our clients. If you have any questions or concerns, please do not hesitate to call us at 302-427-9500 or contact us online.

We look forward to hearing from you. Stay safe and healthy.