By: Michael J. McConnell, Westchester County workers’ compensation attorney serving Elmsford, White Plains, and Yonkers
Package delivery drivers who get hurt at work in New York are typically covered by workers’ compensation, which is a form of “no-fault insurance.” This means that a work-related accident for a driver may entitle them to lost-wage compensation, free medical care, and various other benefits regardless of who was at fault for the accident.
In Elmsford and throughout the state, thousands of individuals work as package delivery drivers. Especially in the Westchester County and New York City area, it is nearly impossible to drive anywhere without seeing vehicles on road belonging to companies such as Amazon, UPS, FedEx, and various others.
In this article, Elmsford workers’ compensation attorney Michael J. McConnell will discuss the following:
- Statistics for package delivery accidents and injuries.
- Common work-related accidents for package delivery drivers.
- Typical injuries and conditions these employees suffer as a result of their job.
- Types of workers’ compensation benefits available.
- The potential to bring a lawsuit for a motor vehicle accident in addition to a workers’ compensation case.
- The most important things delivery drivers should do after an accident in New York.
As always, this article is for educational and informational purposes only. It is not legal advice. If you have questions about your case, you are encouraged to reach out to the Law Office of Michael J. McConnell for a free consultation.
Statistics Regarding Package Delivery Work Accidents
Package delivery drivers are statistically one of the jobs most likely to experience a work-related injury or fatality. Accidents can be caused by anything between overexertion to a major truck accident.
Some of the statistics are quite staggering:
- One in five Amazon delivery drivers were injured in 2021.
- The serious injury rate for package delivery drivers rose sharply and was higher than most occupations in 2022.
- The U.S. Government Accountability Office found that the warehouse and transportation sector of the economy had the highest injury rates in 2022.
- According to the Bureau of Labor Statistics, transportation accidents were the top cause of workplace fatalities in 2023.
Almost one million vehicle accidents on average that were reported to police involve package delivery vehicles.
The Most Common Types of Accidents for Package Delivery Drivers in Elmsford that are Eligible for Workers’ Compensation
The frequent causes of work-related accidents for package delivery drivers includes:
- Vehicle accidents
- Overexertion from lifting heavy boxes and items
- Trip/Slip and falls
- Struck by falling box not properly secured
- Assaults
Frequent Types of Injuries for Parcel Carriers
There is a broad range of the kinds of injuries that these workers can suffer at work. The following list includes the most typical ones:
- Back pain, including herniated discs
- Concussions (traumatic brain injury or TBI)
- Neck pain
- Sprains and strains
- Broken bones (fractures)
- Rotator cuff tears
- Dislocated shoulders
- Carpal tunnel syndrome
- Repetitive strain
- Whiplash
- Post Traumatic Stress Disorder (PTSD)
It should also be noted that tragically some package delivery accidents are fatal. As mentioned above, transportation accidents are a leading cause of work-related deaths.
What Can a Package Delivery Driver Get from Workers’ Compensation if Injured in Elmsford, NY
Workers’ compensation benefits for package delivery drivers injured in Elmsford or elsewhere in New York can include:
- Temporary disability payments for lost wages up to two-thirds of their average weekly wage subject to minimum and maximum rates set by law.
- Free medical care for necessary treatment related to the injury.
- Permanent disability benefits. This can be a Schedule Loss of Use Award (SLU), permanent partial disability (PPD), or permanent total disability (PTD) depending on the particular body part injured and the overall severity of the injury.
When Can a Package Delivery Driver Sue for an Accident at Work in New York?
While in most cases a work-related injury means that workers’ compensation benefits are all you can get for an accident on the job, there are exceptions.
Particularly for delivery drivers, there may be potential to get more money for an accident in addition to just workers’ compensation.
Here is a list of common examples where a driver might be able to bring a lawsuit in addition to having a workers’ compensation claim in New York:
- Motor vehicle accident where the other driver was at fault.
- Injury on property owned or maintained by someone other than your employer.
- Defective equipment, machine malfunction, or some other product defect caused your injury.
This list is not exhaustive, so it is always important to carefully review all of the facts of your case and consider speaking with a lawyer who can thoroughly assess whether you might be able to bring a lawsuit.
The ability to bring a lawsuit in addition to your workers’ compensation claim can often be a way to get a lot more money for your accident. This is mainly because workers’ compensation in New York doesn’t pay you for pain and suffering.
Pain and suffering is a form of damages that can be recovered in a civil lawsuit. It essentially reflects things like the overall negative impact the accident and resulting injuries have on your quality of life among other things.
In many Westchester County personal injury cases, pain and suffering can result in significant compensation. Often it can be far greater than non-economic damages that account of things like lost wages and medical treatment.
Most Important Steps after a Package Delivery Accident in Elmsford to Get Workers’ Compensation
Regardless of how the work accident happens, it is generally imperative to do these four things as soon as possible after your work-related accident in Elmsford.
- Seek immediate medical attention – especially for an emergency. This is important not just for getting proper care but also to document your injuries.
- Notify your employer of the accident in writing within 30 days of the accident. Failure to do so can result in your claim getting denied. The best practice it to report the accident as soon as possible – preferably on the date of the accident.
- File an Employee Claim Form called the C-3 with the New York State Workers’ Compensation Board. While you do technically have two years from the date of the accident to do this, it is hard to think of a situation where it would make any sense to wait even close to that long. It is generally best to file it as soon as practicable.
- Continue to follow up with your doctor and adhere to their treatment plan. Especially if you are out of work, you need frequent medical documentation to get paid for lost wages.
In addition to the above, there are also other things that can be helpful to your case – especially if it was a motor vehicle accident.
Things like calling the police right after the accident, taking photographs of the scene, getting witness contact information, and identifying whether any video of the accident exists can make a huge difference – especially if you also want to sue the at fault driver.
Finally, you may also want to consider legal representation.
Navigating the New York workers’ compensation system can feel overwhelming and getting the maximum compensation you deserve under the law is crucial – especially if you are out of work or need extensive medical treatment.
An attorney can help ensure you don’t overlook potential avenues for compensation, including the possibility of suing any third party responsible for your accident.
Most workers’ compensation and personal injury attorneys in New York offer free consultations, including the Law Office of Michael J. McConnell.
Conclusion: Elmsford Package Delivery Drivers Injured on the Job are Typically Eligible for Workers’ Compensation
The bottom line for package delivery drivers is that they may be entitled to workers’ compensation benefits for an accident. This can include temporary disability payments for time missed from work, medical expenses 100% covered, and potentially additional money for any permanent impairment. Depending on how the accident occurred, the driver may also be able to sue, which could result in additional money especially for something like pain and suffering.
If you were injured at work, please contact Elmsford workers’ compensation lawyer Michael J. McConnell right now for a free consultation.
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