Hospital employees spend their working lives caring for others, but healthcare work can also expose them to significant injury risks. Nurses and other hospital workers regularly lift and reposition patients, move equipment, stand for long shifts, handle infectious materials, and respond to patients whose medical conditions can make their behavior unpredictable.

Healthcare employees work in hospitals and medical facilities throughout Delaware, from Wilmington and Newark in northern New Castle County to Dover and Smyrna in central Delaware and Milford, Lewes, Seaford, and other communities serving southern Delaware.

If you are injured while working at a hospital in Delaware, workers’ compensation may pay medical costs and provide wage replacement when an injury prevents you from working. Other benefits may be available if you return to work with lower earnings or are left with permanent impairment.

At Rhoades & Morrow, our Delaware workers’ compensation lawyers represent nurses, nursing assistants, technicians, hospital support staff, and other injured healthcare employees. Partner Stephen T. Morrow is a former Chair of the Workers’ Compensation Section of the Delaware State Bar Association and has spent decades handling claims before the Delaware Industrial Accident Board.

If a workplace injury or occupational illness is affecting your ability to care for patients, return to work, or support yourself and your family, we can help you understand the Delaware workers’ compensation process and what may happen next.

Where Do We Represent Injured Hospital Workers in Delaware?

Rhoades & Morrow represents injured hospital and healthcare employees throughout Delaware. The state’s hospitals and emergency facilities are concentrated across several communities in New Castle, Kent, and Sussex counties.

Wilmington, Newark, and New Castle County Hospital Workers

Northern Delaware includes some of the state’s largest hospitals and healthcare facilities. ChristianaCare operates Christiana Hospital in Newark and Wilmington Hospital in Wilmington, while Wilmington is also home to Nemours Children’s Hospital, Delaware, the Delaware Psychiatric Center, and Saint Francis Healthcare. The Wilmington VA Medical Center is located in nearby Elsmere.

Hospital and healthcare employees also work throughout the broader New Castle County area, including Middletown, where ChristianaCare operates an emergency department.

Rhoades & Morrow has offices in both Wilmington and Newark, allowing us to serve injured healthcare workers throughout northern Delaware.

Dover, Smyrna, and Central Delaware Hospital Workers

Healthcare employees in central Delaware work in and around Dover and Smyrna, including at Bayhealth Hospital, Kent Campus in Dover. Smyrna is home to the Delaware Hospital for the Chronically Ill and Bayhealth’s emergency center.

Workers at these facilities can face many of the same occupational hazards as hospital employees elsewhere in Delaware, including patient-handling injuries, falls, workplace violence, repetitive physical demands, and exposure-related injuries.

Milford, Lewes, Seaford, and Sussex County Hospital Workers

Southern Delaware has several major healthcare facilities serving residents of Sussex County and surrounding communities.

Bayhealth Hospital, Sussex Campus, is located in Milford, while Beebe Medical Center is in Lewes. Healthcare workers also serve patients at TidalHealth Nanticoke in Seaford and Beebe Healthcare’s South Coastal emergency facility in Millville.

Rhoades & Morrow has offices in Milford and Lewes, providing local access for injured hospital and healthcare employees in southern Delaware.

Whether you work for a large hospital system, state healthcare facility, children’s hospital, emergency department, or another healthcare employer, workers’ compensation eligibility depends on your employment and the circumstances of your injury rather than the particular hospital where you work.

Why Are Hospital Workers at Risk of Workplace Injuries?

Hospitals present workplace hazards that are different from those in many other industries. Healthcare employees frequently work in close physical contact with patients while handling equipment, responding to emergencies, and performing repetitive or physically demanding tasks.

The Occupational Safety and Health Administration identifies significant hospital hazards including patient-handling injuries, slips and falls, workplace violence, needlesticks and other sharps injuries, and exposure to hazardous chemicals and infectious materials.

Musculoskeletal injuries are a particular concern. Moving a patient from a bed to a chair, repositioning someone who cannot move independently, preventing a patient from falling, or reacting when a patient unexpectedly shifts can put considerable force on a worker’s back, neck, and shoulders.

Hospital workers do not have to be performing an unusually dangerous task to suffer a serious injury. Sometimes an ordinary part of patient care is enough to cause an injury that prevents someone from performing the same work afterward.

Which Delaware Hospital Employees Can Claim Workers’ Compensation Benefits?

Workers’ compensation protection is not limited to doctors and nurses. Hospitals throughout Wilmington, Newark, Dover, Milford, Lewes, Seaford, and other Delaware communities depend on employees in clinical, maintenance, security, transportation, food service, environmental, and other support roles.

Injured workers may include:

• Registered nurses and licensed practical nurses
• Certified nursing assistants and patient care technicians
• Medical and surgical technicians
• Radiology and imaging employees
• Respiratory therapists
• Phlebotomists and laboratory personnel
• Emergency department employees
• Patient transport employees
• Hospital security personnel
• Food service employees
• Environmental services and housekeeping employees
• Maintenance workers
• Other hospital and healthcare employees

Delaware’s Workers’ Compensation Act generally applies to employers with at least one employee, and employers subject to the Act generally must carry workers’ compensation insurance or qualify as self-insured.

Whether a particular injury is compensable depends on how it occurred and its relationship to employment, not simply the employee’s job title or the hospital’s location in Delaware.

What Are Common Workplace Injuries Among Hospital Employees?

Hospital workers can suffer sudden traumatic injuries as well as conditions associated with repeated physical demands or occupational exposure.

Back and Neck Injuries From Patient Handling

Lifting, transferring, and repositioning patients can place considerable stress on the spine, especially when a patient cannot assist or moves unexpectedly.

A healthcare worker may suffer a lumbar strain, herniated disc, cervical injury, nerve compression, or another musculoskeletal condition while transferring a patient, helping someone out of bed, preventing a fall, or performing other patient-care duties.

Some back injuries happen during one identifiable incident. Others may develop through repeated lifting and physical activity.

Shoulder, Arm, and Knee Injuries

Healthcare work can require frequent reaching, pushing, pulling, lifting, and maneuvering in confined spaces.

A worker may injure a shoulder while moving a patient, damage a knee during a fall, or develop an upper-extremity injury after repeated physical activity. Serious injuries may eventually require injections, surgery, rehabilitation, or substantial time away from work.

Slips, Trips, and Falls

Wet floors, spilled liquids, cords, medical equipment, cluttered treatment areas, and hurried movement during emergencies can contribute to workplace falls.

Workers’ compensation is generally a no-fault system. A hospital employee injured in a fall usually does not need to prove that the hospital was negligent to claim workers’ compensation benefits.

That is different from a premises liability lawsuit. The fact that no one did anything wrong does not necessarily prevent an injured employee from receiving workers’ comp benefits.

Injuries Caused by Patients

Nurses and other healthcare workers can be kicked, punched, bitten, pushed, grabbed, or otherwise injured by patients.

An incident can cause a concussion, fracture, back or neck injury, shoulder injury, or other serious condition. An employee may also be injured while attempting to prevent a confused or incapacitated patient from falling, even when the patient never intended to hurt anyone.

Delaware law separately provides enhanced criminal penalties for certain assaults against healthcare providers who are performing work-related duties. That criminal law is different from the Workers’ Compensation Act, but it reflects the workplace violence risks healthcare professionals can face.

Needlestick and Sharps Injuries

Needles, scalpels, and other sharp medical instruments create risks that are uncommon in many workplaces.

The immediate wound may be small, but a needlestick or sharps injury can create concerns about exposure to bloodborne pathogens and require testing, monitoring, preventive treatment, or other medical care.

Report the incident promptly and follow the hospital’s exposure and treatment protocols. Medical records documenting the accident, exposure, testing, and subsequent care can become important if a workers’ comp claim is disputed.

Infectious Disease and Hazardous Exposure

Hospital employees may encounter infectious agents, medications, cleaning products, sterilizing agents, and other hazardous substances.

An occupational disease claim can be more complicated than an injury involving a single workplace accident. Under Delaware law, occupational disease claims have requirements that differ from ordinary accidental injury claims, including different filing rules.

Medical evidence linking an illness to employment conditions can be especially important in these workers’ compensation cases.

Can I Receive Workers’ Comp If a Patient Injured Me?

Potentially, yes. An employee does not lose workers’ compensation protection simply because another person caused the injury. If a nurse, technician, security officer, or other hospital employee is injured by a patient while performing job duties, the injury may qualify for workers’ compensation in Delaware.

For example, a nurse could injure a shoulder while preventing a confused patient from falling. A healthcare employee could sustain a concussion after being struck by an agitated patient. Another worker could hurt their back reacting suddenly when a patient becomes combative.

The exact circumstances still matter, but a patient causing the accident does not, by itself, prevent a workers’ compensation claim.

What Should I Do After Being Injured While Working at a Hospital?

Hospital employees are accustomed to documenting patient care, but they should also document workplace injuries.

If you are hurt:

1. Report the injury to your employer immediately. Follow your hospital’s incident-reporting procedures and accurately explain what happened.
2. Seek appropriate medical attention. Tell your provider that the injury happened at work and describe all of your symptoms.
3. Keep your account accurate and consistent. Incident reports and medical records may matter later if the insurance company questions how the injury occurred.
4. Follow your treating physician’s restrictions. Do not assume you must lift patients, work a full shift, or perform other duties outside those restrictions.
5. Pay attention to the workers’ compensation claim. Find out whether the claim has been accepted, what medical treatment is authorized, and whether wage benefits apply if you cannot work.

Once an employer knows of an accident that results in personal injury, 19 Del. C. § 2313 generally requires the employer to report the injury to the Delaware Department of Labor within 10 days and provide the employee a copy.

That employer reporting requirement is separate from your obligation to notify your employer of the injury.

Can I Choose My Own Doctor After a Hospital Work Injury?

Delaware law generally gives injured workers the right to choose a healthcare provider certified to treat patients within the state’s workers’ compensation system.

Depending on your injury, medical care may involve an orthopedist, neurologist, physical therapist, occupational therapist, infectious-disease physician, surgeon, or another specialist.

The insurance carrier can also require you to attend a medical examination with a physician it selects and pays. Delaware law prohibits referring to this insurance-company examination as an “Independent Medical Examination” or “IME.”

Disputes can arise when your treating physician and the carrier’s doctor disagree about your diagnosis, medical treatment, ability to work, or need for restrictions. You do not have to assume the insurance company’s medical opinion is the final determination.

What Workers’ Compensation Benefits Can an Injured Hospital Worker Receive?

Workers’ compensation benefits depend on the injury or illness, necessary medical treatment, ability to work, lost wages, and whether permanent impairment remains.

Medical Benefits

Under 19 Del. C. § 2322, Delaware workers’ compensation can pay reasonable medical expenses for treatment required because of a compensable work injury.

Medical benefits may cover physician and specialist appointments, diagnostic testing, physical or occupational therapy, medication, injections, surgery, hospital care, and other reasonable treatment.

Delaware workers’ compensation rules may also reimburse qualifying travel expenses associated with medical care.

Benefits When You Cannot Work

If your treating physician determines that your injury prevents you from working, you may qualify for temporary total disability benefits.

Under 19 Del. C. § 2324, compensation is generally calculated at 66 2/3% of wages, subject to Delaware’s statutory minimum and maximum rates.

These wage benefits can be especially important when a nurse, technician, aide, or other employee cannot perform the job’s physical or cognitive requirements.

Benefits If You Return at Lower Earnings

Returning to the hospital does not necessarily mean returning to the same duties, schedule, or earnings.

An injured employee may be restricted from lifting patients, standing for long periods, pushing equipment, performing repetitive activity, or completing other essential job functions.

Under 19 Del. C. § 2325, qualifying temporary partial disability benefits are generally based on 66 2/3% of the difference between pre-injury wages and post-injury earning capacity and may be payable for up to 300 weeks, subject to Delaware law.

Permanent Disability Benefits

Some workplace injuries leave permanent functional limitations even after medical treatment is complete.

Qualifying injured workers may receive permanent partial disability benefits under 19 Del. C. § 2326 based on the nature and extent of permanent impairment.

A return to work does not necessarily mean the workers’ compensation claim is over. Permanent impairment can remain an issue after spinal injuries, orthopedic injuries, fractures, head injuries, vision injuries, and other serious work-related accidents.

What If the Hospital Offers Me Light-Duty Work?

Hospitals may have opportunities for modified work, but the availability of a position does not automatically mean it is appropriate for your medical restrictions.

A nurse recovering from a back or shoulder injury, for example, may be prohibited from lifting patients. Another employee may have restrictions involving prolonged standing, pushing, pulling, reaching, repetitive movement, or the number of hours worked.

The proposed position should be considered in light of the restrictions imposed by your treating physician.

If modified work pays less because of your injury-related limitations, partial disability benefits may also become relevant.

Ignoring a legitimate offer of suitable work can affect a claim, but attempting duties that exceed your medical restrictions can create different problems. If your employer and treating physician disagree about what you can safely do, consider getting legal advice before making assumptions about your workers’ comp benefits.

What Should I Say to the Workers’ Comp Insurance Adjuster?

Be accurate, truthful, and concise. Do not guess when you do not know an answer. Do not minimize symptoms because you want to return to your patients quickly, and do not exaggerate your limitations. Avoid speculating about when you will return to full duty before your doctor has addressed your restrictions.

Healthcare workers may be particularly inclined to describe an injury as “part of the job.” That does not determine whether the injury qualifies for workers’ compensation benefits.

An adjuster works for the insurance carrier handling the claim. If the insurance company’s questions or requests are unclear, an experienced workers’ compensation lawyer can help you understand what information is being requested and how it may affect your claim.

What If My Hospital Workers’ Compensation Claim Is Denied?

A denial from an insurance company does not necessarily end the claim.

Hospital injury claims may be disputed because the carrier argues that:

• The injury did not arise out of or occur in the course of employment
• A pre-existing condition caused the worker’s symptoms
• Repeated job duties did not cause the injury
• An illness is not sufficiently connected to workplace exposure
• The employee can return to regular work
• Additional treatment is unnecessary
• Proposed surgery is unrelated to the work-related injury
• The employee failed to provide timely notice
• The employee no longer has a disability related to the original injury

When a claim is denied, or another workers’ compensation dispute cannot be resolved, an injured worker can file an appropriate petition with the Delaware Industrial Accident Board.

Medical records, physician testimony, employment information, incident reports, and evidence showing how the injury occurred may become important depending on what the insurance carrier is disputing.

There is no useful percentage that tells an injured worker the “odds” of winning a workers’ comp case. The outcome depends on the legal issue, medical evidence, credibility, and other claim-specific facts.

Stephen Morrow has represented injured workers before the Industrial Accident Board for decades and has taught other Delaware attorneys about Board procedure, medical treatment issues, and workers’ compensation law.

Can I Sue If Someone Else Caused My Hospital Injury?

Possibly, depending on who caused the injury and the circumstances. Workers’ compensation generally limits an employee’s ability to sue an employer or co-worker for a covered work injury. Different rules may apply when a legally responsible third party causes the work accident.

Under 19 Del. C. § 2363, an injured employee may have circumstances in which workers’ compensation benefits and a third-party claim exist at the same time.

For example, a hospital employee injured by defective equipment supplied by another company could potentially raise issues different from an ordinary workers’ compensation claim.

Third-party claims are separate from workers’ compensation and can affect the benefits paid. A serious workplace accident involving someone other than your employer or co-worker should be evaluated based on its particular facts.

How Long Can I Receive Workers’ Compensation in Delaware?

There is no single maximum period that applies to every workers’ compensation benefit.

Delaware law governs medical benefits, temporary total disability, temporary partial disability, and permanent impairment differently. For example, qualifying temporary partial disability benefits generally have a 300-week limit, while other benefits follow different rules.

How long you receive benefits therefore depends on the type of compensation, your medical condition, your ability to work, and the status of the claim.

If a workers’ compensation insurance carrier seeks to reduce or terminate benefits you are already receiving, an attorney can explain what the carrier is requesting and what evidence may be needed to respond.

How Long Do I Have to Report or File a Hospital Work Injury?

Report your work injury to your employer immediately. Under 19 Del. C. § 2341, if the employer does not already have actual knowledge of an accidental injury, notice generally must be provided within 90 days after the accident.

That is different from the deadline for pursuing workers’ compensation benefits.

For accidental injuries, 19 Del. C. § 2361 generally requires an agreement regarding compensation or an appropriate proceeding to be initiated within two years after the accident.

Occupational disease claims have a different limitations provision. Delaware law generally requires an agreement or proceeding within one year after the employee knows, or through reasonable diligence should know, that the disease and employment are related.

Do not assume an injury is too minor to report. A back strain, shoulder injury, concussion, or other condition may become considerably more serious after the initial incident.

When Should a Hospital Worker Contact a Delaware Workers’ Compensation Lawyer?

Consider speaking with an experienced workers’ compensation attorney if:

• Your injury is keeping you from working
• You cannot perform your normal hospital duties
• Your doctor has imposed significant restrictions
• Your employer does not have work within those restrictions
• You were injured lifting or repositioning a patient
• You were assaulted or injured by a patient
• You suffered a needlestick or significant occupational exposure
• You need surgery or extensive medical treatment
• The insurance carrier refuses to authorize treatment
• Your employer or insurer disputes whether the injury is work-related
• A pre-existing condition is being used to challenge the claim
• You returned to work at lower earnings
• The insurer wants to reduce or terminate your benefits
• You may have permanent impairment
• Your workers’ compensation claim has been denied
• A petition must be filed with the Industrial Accident Board
• You are considering a lump sum settlement

A skilled workers’ compensation attorney can help injured employees understand the benefits at issue, evaluate medical evidence, communicate with insurance companies, and represent clients when claims become disputed.

Get a Free Consultation With a Delaware Workers’ Compensation Attorney

Stephen T. Morrow is a former Chair of the Delaware State Bar Association Workers’ Compensation Section and Past President of the Delaware Trial Lawyers Association. He has represented injured Delaware workers for decades and continues to teach and participate in Delaware workers’ compensation legal education.

For our clients, that experience means having a law firm that understands both Delaware workers’ compensation law and the medical, employment, and insurance issues that can determine how a hospital injury claim develops.

Rhoades & Morrow represents injured hospital and healthcare workers throughout Delaware, including employees working in Wilmington, Newark, Dover, Smyrna, Middletown, Milford, Lewes, Seaford, Millville, Elsmere, and surrounding communities. Our offices are located in Wilmington, Newark, Milford, and Lewes.

If an injury or occupational illness from your hospital work is affecting your medical care, lost income, or ability to keep working, contact us to discuss your Delaware workers’ compensation claim.

Take the First Step. Contact Rhoades & Morrow today for a free initial consultation.