Hospitals are places of healing, but they can also be dangerous workplaces. Nurses, nursing assistants, technicians, environmental services employees, and other hospital staff face physical demands that can lead to serious injuries.
Lifting patients, moving equipment, encountering aggressive individuals, and working around sharp instruments are just some of the hazards healthcare workers face.
If you are injured while working at a Delaware hospital, workers’ compensation may provide medical treatment and wage-replacement benefits, even if no one was negligent.
Understanding your rights can help you protect your health and financial stability after a workplace injury.
What Hospital Injuries Are Covered By Delaware Workers’ Compensation?
Delaware workers’ compensation generally covers qualifying injuries arising out of and in the course of employment.
Common hospital workplace injuries include back and shoulder strains from patient transfers, slip-and-fall injuries, needlestick injuries, and injuries caused by workplace violence.
Repetitive work activities may also contribute to certain musculoskeletal conditions.
For example, a nurse who suffers a herniated disc while helping reposition a patient may have a compensable workplace injury.
However, coverage depends on the facts and medical evidence. Not every health condition that develops during employment is automatically work-related.
What Benefits Can Injured Hospital Employees Receive?
Under Delaware’s Workers’ Compensation Act, eligible employees may receive benefits addressing different consequences of a workplace injury.
- Medical treatment: Workers’ compensation may cover reasonable and necessary medical care related to an accepted injury, including examinations, diagnostic testing, medication, therapy, and surgery.
- Temporary disability benefits: Employees who cannot work or experience qualifying wage loss because of an injury may receive compensation subject to statutory requirements.
- Permanent impairment benefits: Certain lasting injuries may qualify for additional compensation based on the nature and degree of impairment.
- Vocational rehabilitation: Some workers may qualify for assistance when their injuries prevent a return to their former duties.
The amount and duration of benefits depend on the injury, medical restrictions, and applicable law.
Are Patient-Lifting Injuries Covered?
Patient handling is a significant source of workplace injuries in hospitals.
A nurse or technician may suffer a sudden injury while transferring a patient or develop symptoms associated with repeated physical demands.
A claim may be disputed if the employer or insurer argues that the condition resulted from aging, a previous injury, or activities outside work.
Medical records explaining the relationship between the employee’s duties and the condition can be important.
A preexisting condition does not automatically eliminate eligibility when a qualifying work-related aggravation occurs.
Why Do Hospital Workers’ Compensation Claims Get Denied?
An employer or insurer may dispute a claim for several reasons.
Common issues include delayed injury reporting, disagreement about whether the condition arose from employment, insufficient medical documentation, or a dispute over the employee’s ability to return to work.
Hospital employees may also face questions about whether they can perform modified duties despite ongoing restrictions.
A denial does not necessarily mean benefits are unavailable.
Disputed claims may be brought before Delaware’s Industrial Accident Board through the appropriate petition process.
What Should You Do After a Hospital Workplace Injury?
Report the incident to your supervisor as soon as possible and follow the employer’s injury-reporting procedures.
Seek appropriate medical attention, explain how the injury occurred, and preserve relevant documentation.
Keep copies of work restrictions, medical records, incident reports, and communications about leave or modified duties.
If the injury involves exposure to blood or other potentially infectious materials, obtain prompt occupational health evaluation.
Delaware workers’ compensation claims are subject to filing deadlines, so delays can create additional legal complications.
Can You File a Lawsuit Outside Workers’ Compensation?
Workers’ compensation is generally the exclusive remedy against a covered employer for a compensable workplace injury.
However, a separate claim may be possible when a negligent third party contributed to the injury.
Legal Guidance
Nitsche & Fredricks LLC can help Delaware nurses, technicians, and hospital staff evaluate denied claims, pursue workers’ compensation benefits, and identify potential third-party liability.
