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Delivery and truck drivers are essential to the economy and some of the most indispensable workers across the country. Working long hours on the road, lifting heavy shipments, and rushing to meet deadlines can take a serious toll on their bodies and put them at a higher risk of workplace injury. In fact, according to The U.S. Bureau of Labor Statistics (BLS), "transportation and warehousing" consistently ranks as one of the most dangerous occupations in the country in terms of injury risks.
As essential workers who keep the U.S. supply chain running, truck drivers and delivery workers shouldn't have to face financial uncertainty if injured while working. Whether through the Workers' Compensation system or a personal injury lawsuit, employees have the right to seek compensation for medical costs, lost income, and other related financial losses. An experienced New Jersey delivery driver truckers attorney can evaluate your case, explain your legal options, and work tirelessly to negotiate a fair settlement or represent you in court, if necessary.
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Steps to Take When You Are Injured at Work
Workers' compensation is a no-fault insurance program that provides benefits and compensation for employees who suffer injuries or illnesses at work or during the course of their employment. No-fault means employees can receive compensation for their injuries or illnesses without having to prove negligence or fault on the part of their employer.
This system benefits employees by offering a faster, more efficient path to recovering the financial support needed to cover unexpected expenses. The law mandates that all employers offer workers' compensation insurance to protect the interests and well-being of employees who suffer injuries or illnesses while on the job.
Employees generally need to be classified as full-time, part-time, or seasonal workers to be eligible for worker's comp. Independent contractors typically do not qualify to obtain benefits from the company that has hired them to do work. Additionally, to file a workers' compensation claim, the injury or illness must occur during the course of employment.
For example, if a factory worker gets injured due to malfunctioning machinery during a regular shift, they will typically be eligible to file a workers' compensation claim. If you are a truck or delivery driver who suffered an injury on the job, knowing what steps to take in the aftermath of an accident can make all the difference in securing your rights and avoiding unnecessary delays in receiving timely compensation and proper medical care.
To initiate a workers' compensation claim, here's what you should do:
Report the Injury
If you are injured while on the job, the first and most important thing you must do is inform your employer. Most employers will require you to fill out an accident report to document the details of the accident, including the date, time, and any witnesses present.
If your employer provides you with an accident report form, complete it to the best of your ability and provide all relevant details about your injury. While the law requires you to report the workplace incident to your employer within 90 days of the accident, it's always best to notify them as soon as possible.
Seek Medical Attention
After reporting the injury, you should immediately seek medical treatment to address your injuries and begin the documentation needed for your workers' compensation claim. Depending on the severity of your injury, this may mean going to an emergency room or scheduling an appointment with your physician.
Be sure to inform the healthcare provider that your injury happened at work, as it will allow them to document the incident appropriately for your claim. In some states, the workers' compensation program or insurance provider can choose the doctors their employees see to treat job-related injuries.
You might seek a second opinion from a doctor or specialist of your choosing if you're unsatisfied with the diagnosis or treatment you're receiving. If you're unsure about these laws and how they might apply to your case, speak with a workers' compensation attorney who can guide you through the claims process.
File a Claim
Filing a claim is how you will receive your benefits. However, it's essential to keep in mind that the filing process may vary from state to state. In some states, the employer is responsible for filing the claim with their insurance company on behalf of the worker, while in others, the employee must submit the claim themselves. If you are required to report the incident to your employer's insurance company, your employer should provide you with the necessary forms and instructions.
If the responsibility for filing the claim falls on your employer, be sure to confirm that they have submitted the required paperwork. You may need to contact the insurance company directly if your employer fails to file the claim or delays the process. It is not uncommon for an employer or their insurance provider to argue that an injury did not occur at work or should not qualify for workers' compensation benefits.
Should this occur, you have the right to appeal the decision by filing a formal petition with the Division of Workers' Compensation. Although this process may take longer than a typical workers' compensation payout, it can offer numerous benefits.
Consult a Workers' Comp Attorney
In some instances, submitting a claim to your employer will allow you to receive workers' compensation benefits with no problems. However, your employer or their insurance provider may often try to delay, deny, or minimize your claim in some way. If a dispute arises regarding your claim or you're dissatisfied with the amount of benefits you receive through the program, you should contact a workers’ compensation lawyer immediately.
In many states, employees can appeal the decision if they feel the amount provided is insufficient or their claim was unjustly denied. Throughout the appeals process, a workers' compensation attorney can provide invaluable support and represent your best interests in negotiations or hearings with the insurance company. Additionally, if someone else's negligence contributed to causing your work accident, you might pursue a third-party personal injury claim.
A third-party claim allows you to pursue additional compensation from another party, other than your employer or a co-worker, whose negligence or actions led to your injury.
Experiencing a workplace injury can leave you feeling physically and emotionally drained. By taking the appropriate steps and working with a skilled workers' compensation lawyer in New Jersey, you can protect your rights and increase your chances of receiving the benefits you're entitled to for your workplace injury.