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DELAWARE INJURY LAWYERS

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Category Archives: Workplace Accidents


summer work injuries

What are Common Summer Work Injuries?

Wilmington Work Injury Lawyers warn workers of common summer work injuries. With summer quickly approaching, the risk of sustaining a workplace injury goes up. Working when it is hot and humid outside makes it difficult for your body to naturally cool itself. Workers who spend countless hours in the sun are at an increased risk of developing a workplace injury. If you or someone you know developed a workplace injury or illness due to prolonged exposure to the heat, you may have grounds for a lawsuit.

Common Workplace Injuries

Construction workers, landscapers, and farm workers are put at a higher risk of developing a heat induced workplace injury. Some of the most common workplace injuries include:

  • Heat Stroke: Heat stroke occurs when your body overheats due to prolonged exposure to high temperatures. Workers spending long hours in the heat are at risk of developing heat stroke. Symptoms of heat stroke include dizziness, confusion, and a racing heart. Although common, heat stroke can be life-threatening.
  • Dehydration: Dehydration is another common, yet life-threatening condition. Dehydration occurs when your body lacks sufficient fluid and electrolytes to function properly. Working outside for long periods of time without hydrating yourself can lead to dehydration. Symptoms of dehydration include dizziness and fainting, fatigue, and dark-colored urine.
  • Falls: Studies show that workplace falls are more likely to increase during the summer months due to an increase in the amount of outdoor work employers may require from workers.
  • Car Accidents: Employees whose job requires them to operate a motor vehicle are at a higher risk of getting into a car accident. Studies show that car accidents happen more often during the warmer months. Summer is also an ideal time for construction work, which may lead to more work-related accidents.
  • Skin Cancer: Too much sun exposure puts you at an increased risk for skin cancer and sunburn. This is especially true for construction workers who spend long hours in the sun.

Workers’ Compensation for Summer Work Injuries

Workers’ Compensation laws make it so that employers are responsible for providing employees with safe working conditions. Eligible employees are those who were injured or developed an illness due to performing a work-related task for the benefit of their employer. Workers’ Compensation pays for your medical expenses, disability payments while you are out of work, and even death benefits.

Safe Practices During the Summer Months

The heat can be brutal for employees working out in the sun. To keep workers safe, employers should perform the following:

  • Allow frequent water breaks
  • Have an area set up specifically for employees to cool down
  • Educate employees so that they recognize symptoms of heat-related illnesses
  • Avoid having employees engage in heavy work during the hottest periods

Wilmington Work Injury Lawyers at Rhoades & Morrow Represent Clients Injured While on the Job

Summer work injuries can be fatal. If you or someone you know sustained an injury while on the clock, a knowledgeable Wilmington work injury lawyer at Rhoades & Morrow can help. Our experienced lawyers will fight to obtain the compensation you deserve for your injuries. For a free consultation, contact us online or call us at 302-427-9500 today. With locations in Wilmington, Bear, and Milford, Delaware, we proudly serve clients throughout the state, including Elsmere and Seaford.

work injuries

Workplace Machinery Injuries

Milford Work Injury Lawyers discuss workplace machinery injuries. From farms to factories, we depend on machines for our everyday lives. Workers expect and depend on the tools, vehicles, and devices they work with to be safe and perform as intended. Machines that are poorly-designed or defective have the potential to cause debilitating injuries. The following are causes of workplace machinery accidents:

Defects in Design or Assembly

In some cases, flaws in the way a piece of machinery is designed makes it inherently dangerous. In others, defects arise while the equipment is being manufactured. When these flaws interfere with the operation of machinery, human lives may be in danger.

Inadequate Training

Every worker using or interacting with machinery of any kind should be thoroughly trained on how to use equipment safely, according to the manufacturer’s instructions. Workers should also have a plan in place to deal with emergencies, including knowing how to disable machines.

Lack of Safety Gear

Workers in a variety of industries are required to wear goggles, hard hats, protective footwear, and other safety gear to prevent burns, cuts, broken bones, and amputations. When these safety regulations are not enforced or safety gear is not made readily available to workers, employers are endangering lives.

Poorly-Maintained Machinery

Vehicles, tools, and factory machines may be sound in design and production, but if they are not well-maintained over years of use, they can break down over time and become unsafe. Routine inspections should be a standard procedure at every factory and construction site.

Employer Responsibility

The Occupational Safety and Health Administration (OSHA) is tasked with ensuring that employers practice work safety and hold them accountable when they do not. OSHA requires employers to maintain machinery, assess damage, and make necessary repairs. Employers should train every employee utilizing or encountering machinery, and ensure each worker has the necessary protective gear for the equipment they are using.

When a Worker is Injured

Employees who become ill or injured by defective, broken, or neglected machines, devices, or vehicles are eligible to receive Workers’ Compensation benefits. This important form of financial support helps injured men and women pay for essential medical care related to their injuries, and it fills in the gap for workers who no longer earn an income because of their injuries.

Employees who are hurt by defective products may also seek compensation through a third-party personal injury claim. This is an option when someone other than their employer is responsible for the defects with the machinery. Injured workers are always advised to seek the assistance of an experienced work injury lawyer to achieve a good resolution for their injury claim.

Milford Work Injury Lawyers at Rhoades & Morrow Protect Injured Workers

If you were injured at work, the Milford work injury lawyers at Rhoades & Morrow will assess and manage every aspect of your claim, including doing the work necessary to prove the extent and nature of your injuries for an effective claim. Call us at 302-422-6705 or contact us online for a free initial consultation today. With locations in Wilmington, Bear, and Milford, Delaware, we proudly serve clients throughout the state, including Elsmere and Seaford.

truck explosion

Trash Truck Explosion in Wilmington Injures Two Workers

Trash Truck Explosion in Wilmington Injures Two WorkersA trash truck explosion that occurred in Wilmington, Delaware injured two sanitation workers. Around 7 am, on Thursday morning, the work accident took place when the workers were loading garbage into the truck’s compressor. The compressor crushed a tank, which caused the first worker to sustain critical chest injuries. The other worker incurred minor injuries. Both workers went to local hospitals for medical treatment.

Unexpected accidents may occur in a variety of industries although some workplaces may naturally contain more hazards due to the types of work being accomplished. Unfortunately, in some cases, the work environment may contain preventable dangers such as faulty equipment or a lack of safeguards to protect workers from injuries. When that is the case, employees may develop serious injuries or even fatalities for which the employer may be liable.

If you or someone you love became injured in a workplace accident, contact our Wilmington work accident lawyers at Rhoades & Morrow at 302-427-9500 or contact us online. With offices located in Wilmington, Milford, and Bear, Delaware, we serve clients throughout Delaware including 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.

drill safety

Powered Drill Safety

Milford Work Accident Lawyers discuss power drill safety. Construction workers rely on their tools – yet these devices are often the cause of serious accidents. According to Occupational Safety and Health Administration (OSHA) and Bureau of Labor Statistics (BLS) surveys, close to 400,000 yearly emergency room visits are caused by power tools and other work tools.

Powered hand tools like drills come in many sizes and forms, including power drills, cordless drills, and drill presses. Drill presses are set on fixed stands and are also called drill machines.

There are safety recommendations for all of these, and adhering to them is essential for preventing workplace disasters.

Getting Started Safely

As with any tool, taking time to prepare is the first step. The Canadian Center for Occupational Health and Safety suggests that workers wear personal protective equipment (PPE) like goggles, proper footwear, and gloves.

Drill bits should be kept sharp; if old or bent, they should be swapped out for a new one. When changing out a bit, the power supply should be disconnected.

The drilling area should also be primed. There should not be cords in the drilling area, and items being drilled should be stable and secure. Workers should be standing on level surfaces, in areas that are not muddy or wet.

Additional precautions include never trying to loosen a stuck bit by repeatedly stopping and starting the drill and keeping the drill’s vents clean.

Preventing Electrocution

Electrocution can be a significant risk for workers that use power drills, and safety rules focus on the electrical cords. These should be checked regularly for frayed insulation, splices, and bare wires. Cords should not be pulled on to disconnect them; they should be disconnected from the plug.

In addition, power tools should never be carried by their cords, and cords should be kept from sharp edges, water, oil, and high temperatures. While some electric tools are approved for use in wet locations, this should be properly vetted.

Power Drilling How To’s

Experienced and new workers should be properly trained on power drill usage, and must consistently employ safety measures when working. All employees, including supervisors, should keep safety at the forefront when work is underway.

If using a new or unfamiliar drill, the employee should try it out for a while until they are familiar with it; if it is old or in poor condition, another one should be used.

Drill bits should be chosen carefully, since different jobs require different bits. They should be placed straight into the drill’s jaws and tested to see if they turn smoothly. The pressure used to drill, and the types of bits chosen, both depend on the hardness of the material. Once drilling starts, it should be done slowly and carefully, at a right angle.

Certain materials like Plexiglas can be harder to drill. When an employee is having difficulties drilling through material, they should speak with a manager before proceeding.

In addition, drills may require cutting fluid, which should be chosen carefully before being used.

Milford Work Accident Lawyers at Rhoades & Morrow Represent Workers Injured by Power Drills

Powered drills can cause serious injuries. If you are the victim of a workplace power drill injury, we can help. Contact the experienced Milford work accident lawyers at Rhoades & Morrow, and we will fight to get you the compensation you deserve. We serve clients in Elsmere, Seaford, and across Delaware. Fill out an online contact form or call our Milford office at 302-422-6705, our Bear office at 302-834-8484, or our Wilmington office at 302-427-9500.

nerve damage

Workers’ Compensation for Nerve Damage Injuries

Bear Workers’ Compensation Lawyers weigh in on worker nerve damage injuries. Nerve damage is a common type of workplace injury that many employees suffer from. This type of injury may occur immediately after a trauma or over time.

If you have developed nerve damage or a repetitive stress injury on the job, you may be wondering who the responsible party is and whether you are eligible for compensation.

What Causes Nerve Damage?

Nerve damage may be caused by a repetitive stress injury, trauma, or an illness, such as diabetes or cancer. There are any number of activities that take place at a given workplace that can result in nerve damage.

What is a Repetitive Stress Injury?

Repetitive stress injuries are common in employees whose job requires repetitive motions such as typing on a keyboard or cashier work.

One of the most common types of repetitive stress injury is carpal tunnel syndrome (CTS), which is caused by compression of the median nerve at the wrist. CTS injuries can result in numbness, tingling, or pain in the hand and fingers.

Types of Nerve Damage

Nerve damage can be broken down into two main categories:

  • Bruising, tearing, or stretching of a nerve or the surrounding tissue. This category of nerve damage is usually not caused by repetitive stress, but rather an accident.
  • Pressure on nerves that block the transmission of signals to and from the brain. This sort of nerve damage is due to loss of blood supply to the area and is often caused by repetitive stress.

Which Damage is More Serious?

Bruising, tearing, or stretching of a nerve of the surrounding tissue is a serious type of nerve damage. It can potentially lead to permanent loss of function.

Pressure on nerves that block the transmission of signals to and from the brain is nerve damage that is not permanent. After a few months and/or various treatments the nerve may be regenerated.

Workers’ Compensation for Nerve Damage

Workplace injuries, including nerve damage and repetitive stress injuries, are covered under Workers’ Compensation. In most states, it is required for employers to provide their employees with Workers’ Compensation benefits.

Workers’ Compensation provides an injured employee with compensation for their medical bills, lost wages, and permanent impairment benefits.

Workers’ Compensation is a no-fault insurance. Even if you are partly to blame for an injury, you are covered.

How Long do I Have to File a Claim?

The amount of time you have to file a claim varies from state to state. In Delaware, you have two years from the time of the injury to file a Workers’ Compensation claim.

How Much Compensation Can I Receive?

The amount of compensation you are eligible for may depend on the severity of your injuries and your occupation and pay. A Bear Workers’ Compensation lawyer at Rhoades & Morrow can help you to understand the process, and what is available to you.

Bear Workers’ Compensation Lawyers at Rhoades & Morrow Represent Victims Suffering from Nerve Damage

If you or someone you know are suffering from nerve damage due to a workplace injury, Bear Workers’ Compensation lawyers at Rhoades & Morrow are here for you. Our experienced lawyers will help you get the compensation you are entitled to. For a free consultation call our Bear office at 302-834-8484, our Wilmington office at 302-427-9500, or our Milford office at 302-422-6705 or fill out an online contact form. We serve clients in Elsmere, Seaford, and across Delaware.

wrongful death

Foreman Killed During Demolition

New Castle Wrongful Death Attorneys discuss a wrongful death claim stemming from the loss of a foreman during demolition work.Demolition work is a particularly hazardous activity. It demands an extensive set of skills to safely bring down structures without damaging nearby buildings and people. Sadly, such work recently took the life of a crew foreman near Wilmington, Delaware.

A project to decommission an unused General Motors plant was underway when a tragic accident occurred. A cable being used to take down a steel beam snapped under the weight of the beam. The cable hit the foreman in the head and body, and he died almost immediately from those injuries.

An Occupational Safety and Health Administration (OSHA) inspection is always performed to investigate workplace fatalities. Findings of the inspection will be released, and citations issued if violations of safety and health laws are found.

OSHA is a Small Agency with a Big Mission

OSHA is tasked with enforcing safety and health laws and rules designed to protect workers from unsafe or unhealthy workplaces. OSHA can issue civil citations to employers found in violation of its standards. If during an inspection they find an employer’s conduct was either an egregious or a willful violation of the law, it can also impose heightened fines.

Federal and state-based safety and health programs have a combined workforce of about 2,100 inspectors. There are approximately eight million worksites in the nation employing over 130 million workers. That means there is one compliance officer for every 59,000 workers.

Despite its small size OSHA is still having a positive impact. In the more than 40 years since OSHA’s creation, the rate of workplace injuries and fatalities has gone down.

However, with recent budget cuts the agency has had to do more with less. At the same time, the rate of workplace injuries and illnesses has begun to creep up again.

Workplace Fatalities

In one recent year over 5,000 workers were killed on the job. This means nearly 14 workers are killed on the job every single day. Even a single death on the job is one too many.

Making the target of zero workplace fatalities a reality is something many employers and their employees strive for. OSHA keeps track of injuries, illnesses, and fatalities that are work-related.

According to the Bureau of Labor Statistics (BLS), as of 2016 the top three jobs with the highest rates of fatalities are:

  • Loggers
  • Fisherman
  • Aircraft pilots and engineers

First line supervisors of construction trades and extraction workers have the ninth highest rate of fatalities.

Wrongful Death Claims

If negligence or misconduct by an employer resulted in dangerous workplace conditions that caused a worker to die on the job, then the surviving family will be able to seek to recover pecuniary damages for wrongful death.

To prevail in a wrongful death case, the evidence must prove the employer’s negligence and that it caused the death, and that the family was financially harmed. States differ in the statute of limitations imposed on such cases. A wrongful death claim in Delaware must be filled within two years of the relevant death.

New Castle Wrongful Death Attorneys at Rhoades & Morrow Assist Surviving Family Members with Wrongful Death Claims

Dealing with an untimely death is emotionally and financially draining. It is not easy to begin a lawsuit during this stressful time. Yet the consequences of not filing in a timely manner can also be devastating. Allow the experienced New Castle wrongful death attorneys at Rhoades & Morrow to help you determine whether filing a wrongful death case is in your best interests. Call our Wilmington office at 302-427-9500, our Bear office at 302-834-8484, or our Milford office at 302-422-6705 or fill out an online contact form. We serve clients in Elsmere, Seaford, and across Delaware.

lockout

Workers’ Compensation Liens

Milford Workers' Compensation Lawyers provide information on Workers' Compensation liens.Many people are familiar with the term “lien” when it applies to property. For example, if a homeowner is in debt to a creditor, that creditor may place a lien on the house. If the homeowner does not repay the debt, the creditor can apply for a property lien. This is the first step towards granting the creditor a legal claim to the property, which could eventually be repossessed or seized. Liens can also be placed on other real estate, cars, boats, and other property.

Workers’ Compensation liens are based on the same principle. In certain states, including Delaware, an employee that receives Workers’ Compensation benefits plus a settlement from a third party may have a lien placed on that settlement by their employer’s insurance company. This is done so the employer can get reimbursed by the third party for the benefits they paid out for the worker’s lost wages and medical costs.

What Delaware Workers’ Compensation Covers

To qualify for Workers’ Compensation in Delaware, the accident and subsequent injury must have happened at work or while the employee was doing normal work assignments.

Benefits are provided for qualifying medical expenses, partial wage replacement; lump sum payouts may be paid for permanent disabilities and permanent loss of the use of certain body parts.

Third-Party Lawsuits

Many workers initiate claims against third parties when the work injury was not caused by themselves, a work colleague, or their employer. Workplace accidents can be caused by defective machinery, faulty building construction, contractors, and other supplies provided by property owners and manufacturers.

The injured worker may very well qualify for Workers’ Compensation, but can also file a personal injury suit against the third party. These lawsuits seek compensation for things that Workers’ Compensation does not cover, like pain and suffering.

Once the third-party claims are settled, the employer’s insurance company may proceed with placing a lien, in order to recover total or partial reimbursement of what they have paid to the worker.

Negotiation and Litigation

Delaware has a two-year statute of limitations for Workers’ Compensation liens. In addition, the employer may go after the third-party directly for compensation, if the employee does not institute a personal injury claim within 260 days.

These liens can be large, and can deter the worker from carrying out a personal injury lawsuit. In general, Workers’ Compensation liens are around two-thirds of what was paid out to the employee. In some cases, the lien amount is even greater than the amount that the worker would get if they won their case.

Due to the complexity of a third-party claim in addition to Workers’ Compensation, it is important to consult a Milford Workers’ Compensation lawyer.

Oftentimes the employee’s lawyer will negotiate with the Workers’ Compensation insurance company. This can result in decreasing the amount of the lien. The insurance carrier usually covers their share of the litigation costs in these situations.

Milford Workers’ Compensation Lawyers at Rhoades & Morrow Help with Workers’ Compensation Liens

Workers’ Compensation claims can be complicated by personal injury lawsuits, but a capable and experienced Milford Workers’ Compensation lawyer at Rhoades & Morrow can help with your case. We serve clients throughout the state of Delaware, including Elsmere and Seaford. For a free consultation, contact us online or call us at our Milford office at 302-422-6705, our Wilmington office at 302-427-9500, or our Bear office at 302-824-8484.

workers compensation benefits

Workers’ Compensation Benefits Timing  

Milford Workers' Compensation Lawyers discuss benefits timing following a workplace injury. When an injury occurs at work, the first priority is to attend to the injured. Once medical treatment is initiated, thoughts turn to Workers’ Compensation. Concerns about paying medical costs can become overwhelming, and one of the first questions will be inquiring as to when benefits will start. Injured workers and their families that are not familiar with how Workers’ Compensation is handled will have many questions and uncertain expectations.

In most states, employers are legally bound to pay the medical bills that are directly related to the work injury. Usually, this happens before the claim is authorized.

Once a claim is accepted, the employee may be entitled to additional Workers’ Compensation benefits. This is all contingent on the type and severity of the injuries, ability to return to work, and other circumstances.

Workers’ Compensation in Delaware

In Delaware, all employers with at least one employer, excluding farm workers, must carry Workers’ Compensation insurance. Independent contractors are also not covered. An injured worker must notify their employer immediately, and request medical attention.

The notification should be made in writing. The employer must also be informed about any claims for compensation. If the injury was fatal, the dependent(s) are responsible for the notification.

The employee should also inform their physicians that a Workers’ Compensation claim is being filed. This way, the doctor and medical facility can submit their bills directly to the employer or the employer’s insurance carrier.

The employer must submit a First Report of Occupational Injury or Disease within 10 days to their insurance carrier and the Office of Workers’ Compensation. Not doing so can result in a fine of $100 to $250. This report must be filed for all claims, even minor ones.

Non-Medical Benefits

These benefits include compensation for temporary lost work time, permanent disability, permanent impairment, disfigurement, or death. The employee will initially receive a notice about the claim, stating if it has been accepted or denied.

If denied, the employee can initiate an appeal; benefits will only commence if the appeal is won. If accepted, the doctor may have to complete additional paperwork to finish the process.

If temporary disability benefits are granted, they will continue until the employer proves that the employee can return to work. This, too, can be appealed.

Settled Claims

In some cases, Workers’ Compensation claims are closed when workers are permanently disabled and get pensions; if an employee agrees to a structured settlement agreement; or if they are permanently partially disabled and end up receiving a specified weekly payment.

Pension benefits will continue for the employee’s lifetime. For structured settlements, the employer pays smaller amounts of money to the worker over a specified period of time. Permanently partially disabled employees may be compensated with weekly benefits, depending on the severity of the injury and previous wages.

Milford Workers’ Compensation Lawyers at Rhoades & Morrow Can Help with Workers’ Compensation Claims

Work injuries can be devastating to employees, but we are on your side. With years of experience in all types of Workers’ Compensation claims, a Milford Workers’ Compensation lawyer at Rhoades & Morrow will fight to get you the compensation you are entitled to. Call our Milford office at 302-422-6705, Wilmington office at 302-427-9500, Bear office at 302-834-8484, or complete an online form. We serve clients throughout Delaware.

death

Chicken Plant Injuries and Deaths

Milford Wrongful Death Lawyers discuss chicken plant injuries and deaths. The United States Department of Labor reports that around 8,000 injuries are reported at poultry processing plants across the country every year. In October, a 59-year-old man died while replacing a pallet jack battery at southern Delaware chicken processing plant Allen Harim. His fatal work accident was one of a string of safety violations at chicken plants throughout the state in recent years.

Allen Harim had received over a dozen Occupational Safety and Health Administration (OSHA) worker safety violations over the past few years, raising questions about how safe poultry processing plant workers really are, and what can be done to better protect them on the job.

A Closer Look at Allen Harim’s Safety Record

In 2015, OSHA reprimanded Allen Harim’s operators, accusing them of not just failing to report worker injuries, but of also lacking the “proper medical oversight” to protect employees. They agency called medical management practices at the plant so inadequate that they created “fear and distrust” among workers.

Some of the problems OSHA found at Allen Harim include:

  • Excessively long employee wait times for the restroom
  • Job requirements, including repetitive motion and hard labor, that put workers at risk of harm
  • Improper equipment causing musculoskeletal disorders, including tendonitis and carpal tunnel syndrome

OSHA Penalties

In response to these violations, OSHA proposed $38,000 in penalties – an amount which Allen Harim challenged. A year later, The United States Department of Labor, the United Food and Commercial Workers Union Local 27, and Allen Harim reached a settlement. Allen Harim would pay one-third of the proposed fines and agree to upgrade equipment and revisit employee training.

The settlement’s conditions included a nonadmission of guilt on behalf of the poultry plant. A spokesperson for the Delmarva Poultry Industry asserts that injury rates among chicken processing workers are much lower than other agricultural industries.

Work Accidents and Wrongful Death in Delaware

Based on OSHA’s findings, Delaware’s chicken plant workers do not seem to be protected as well as they could or should be on the job. Surviving loved ones of workers who are killed on the job have legal recourse to seek accountability for a loved one’s fatal work accident.

The loss of a family member impacts their survivors emotionally, physically, and financially. The goal of a wrongful death lawsuit is to hold negligent parties liable for a loved one’s death, and recover financial compensation for their loss. The first step in a wrongful death suit is to demonstrate a third party’s responsibility for a preventable fatal accident.

Compensation in a wrongful death lawsuit is calculated based on the estimated financial loss a loved one’s passing will cost a family over time, in addition to non-economic losses like love, support, and companionship.

Milford Wrongful Death Lawyers at Rhoades & Morrow Are Trusted Advocates for Surviving Family Members

Wilmington work injury lawyers at Rhoades & Morrow know what it takes to demonstrate liability in a wrongful death lawsuit. With our network of investigators and accident reconstruction specialists, we work to seek justice on behalf of your loved one. In addition to work accidents, we handle wrongful death suits for victims of car and truck accidents, defective products, and medical malpractice.

To learn more about your legal options and the best next step after a family member’s preventable fatality, schedule a consultation by calling 302-427-9500 or contact us online. Our team of compassionate and knowledgeable attorneys proudly represent clients throughout the state of Delaware, including Wilmington, Hockessin, Newark, Glasgow, Bear, Middletown, Smyrna, Dover, Milford, Lewes, Georgetown, Elsmere and Seaford, as well communities in New Castle County, Kent County, and Sussex County.

medical marijuana

Decision on Medical Marijuana

Delaware Work Injury Lawyers disucss a recent decision on the use of medical marijuana to treat work injuries.
By: Stephen T. Morrow

The Superior Court of the State of Delaware recently issued an opinion regarding an injured worker’s right to use medical marijuana.  The ruling came following an appeal of an Industrial Accident Board decision, which found that an injured worker was entitled to direct reimbursement for high (but legal) dosages of medical marijuana during Claimant’s experimentation phase, which was used to determine proper medical marijuana dosage levels.  In Giles & Ransome v. Kalix, the Superior Court said, “It may well be that as the science of medical marijuana develops, there will develop a more precise dosage and modality for specific symptoms that would permit a more limited range of prescribed dosages.  But given the novelty of medical marijuana and the statutorily authorized dosage parameters set by the General Assembly, the Court cannot conclude that the Board abused its discretion in requiring the employer to reimburse the claimant for his experimentation phase of this new treatment.”

To read, the Court’s entire decision, visit the official website.

As the use of narcotic medication to treat chronic pain continues to come under increased scrutiny, it will not be surprising to see the State of Delaware Industrial Accident Board and Delaware Courts grappling with issues surrounding alternative pain relief treatment, like medical marijuana, in the future.  The attorneys at Rhoades & Morrow will continue fighting to protect the rights of their clients, who are injured in workplace accidents, by ensuring that they receive the proper medical care and just compensation they deserve. Submit an online contact form or call 302-427-9500 to learn more.  Rhoades & Morrow offers free consultations at their offices in Wilmington, Bear, and Milford, where they serve clients throughout the state of Delaware.

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