Remedies Available to Injured Delivery Workers

Remedies Available to Injured Delivery Workers

The holiday season is the busiest time of the year for delivery services.  The increase of packages delivered this time of the year means that workers doing delivery work are more active than at any other time.  With this increased business, extra hours, and additional stops come an increased risk of injury.

Any employee who is injured during the course of working for a delivery service will likely have multiple legal remedies available.

Workers’ Compensation

The primary type of compensation available to you in this situation is workers’ compensation. The benefit of this system, which is managed by the State of Connecticut Workers’ Compensation Commission, is that you don’t have to prove that anyone else caused your injury.

Whether it was an unavoidable accident, your own mistake, or a coworker’s error, you’re entitled to compensation simply because your injury happened at work. As a result, this is often the easiest way to get some income coming in while you get medical treatment paid for by your employer. There are situations where your employer or their workers’ comp insurance company will push back against your claim, but this isn’t common.

What to Do If Someone Else is Responsible for Your Injury

There are limitations to workers’ compensation. It only pays partial income replacement and medical expenses that are approved by the insurance provider. You cannot get full income replacement, pain and suffering, or other types of compensation. However, in certain circumstances, you may be able to seek additional compensation from the liable party.

You may be able to bring a personal injury claim against the liable party if they were a third party. This means someone other than you and your employer. Note that “your employer” includes anyone employed by your company. If your employer caused the accident through unsafe working conditions or a coworker caused your injury through negligence, you cannot bring a personal injury claim against them.

There are several types of third-party claims that may be available to you as a delivery driver:

Third-party claims

In addition to a Workers’ Compensation claim, there may also be the possibility of a third-party lawsuit.  This would be a civil lawsuit against the party responsible for the injury.  These types of cases provide compensation for injuries not included in Workers’ Compensation claims.  Specifically, a civil lawsuit will provide compensation for pain and suffering.  Third party lawsuits that may arise from delivery work may include, but are not limited to:

Dog bite claims

If you were bitten by a dog when trying to deliver a package, you can likely take legal action against the owner. Connecticut is not a “one bite” state. A dog does not have to be proven dangerous before owners are liable for the dog’s actions. Owners are responsible for the harm their dogs cause, regardless of whether it’s their first bite or not. As a delivery person, you are permitted to be on the premises, and you deserve to be safe from aggressive dogs. You can talk to an attorney about your next steps.

Premises liability claims

Homeowners and business owners have an obligation to keep their property safe and navigable for visitors and guests. If your injury was the result of poorly maintained property, you could take legal action against the property owner. Examples include an icy sidewalk that was not properly salted, a crumbling staircase that gave way under your feet, or a stair handrail that was improperly installed.

Auto claims

Delivery drivers spend a substantial amount of time on the road, and that means a greater risk of an accident. If you’re involved in a car accident that is the fault of the other driver, you may be able to sue them for your losses. In some cases, you may also have a claim against the vehicle manufacturer, the municipality that maintains the roads, or another party.

How an Attorney Can Help

If you have a workers’ compensation claim that the insurance provider is refusing to pay out, an attorney can help you prove your case and secure the money you are owed. If you have a third-party claim, your attorney can move forward with a personal injury claim on your behalf.

Contact The Dodd Law Firm Now to Talk About Your Legal Options

Are you ready to move forward with your personal injury claim? Let’s sit down and talk about what comes next. Call the Dodd Law Firm at 475-275-8649 or reach out to us online.

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