Accidents at work are common in any location, regardless of the type of work or job setting. However, delivery workers are at greater risk of injury due to the fact they work a physically demanding job. This includes going up and down multiple floors to make deliveries for household goods, food orders, medications, and other essential items.
Many delivery workers have accidents due to unsafe stairwells, staircases, and steps. Hazards that can lead to a stairway injury include:
- Cracked or broken steps
- Poorly designed or missing handrails
- Uneven steps
- Loose steps
- Structural issues that cause tilting in staircases
- No anti-slip treads on outdoor steps
- Failure to clean up spills (oil, water, etc.)
- Garbage and other debris that can cause someone to trip and fall down
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Injuries Caused by Defective Steps and Other Stairway Hazards
The truth is, staircase injuries can happen in any other kind of work setting. However, there is no denying that delivery drivers are more likely to have accidents on stairs because of the very nature of their job. That’s why the vast majority of stairs and steps injury clients we represent work for places like FedEx, Uber Eats, DoorDash, UPS, and DHL.
Seeing a doctor right away is essential if you fall at work because of uneven steps of other dangerous conditions on a stairway. These accidents often result in serious, debilitating injuries, such as:
- Fractures
- Traumatic brain injury
- Injury to the neck or spinal cord
- Torn ligaments and tendons
- Dislocated or fractured knee
- Shoulder dislocation
- Hip fracture
- Ankle or wrist sprain
- Broken tailbone
- Dental damage (lost teeth, for example)
- Nerve damage
- Chronic pain
- Permanent scars and other kinds of disfigurement
- Ruptured spleen
Process of Filing a Workers’ Compensation Claim
If you are classified by your company as an employee as opposed to an independent contractor, you should be covered for job-related injuries through worker’s compensation. For many workers, filing a claim is relatively straightforward. Once your employer is notified of the accident, they will tell you which medical facility to go to for treatment and give you the forms you need to fill out for the insurance company.
Unfortunately, some WC claims are much more complicated, or you may run into problems, like disputes with the insurance company over the severity of your injury and how long you need to stay out of work. A California workers’ compensation lawyer can help you work through these issues and ensure that you are provided with the benefits you deserve by law.
I Don’t Qualify for Worker’s Compensation. What can I Do?
If you are independent contractor that makes deliveries, your employer is not required to provide you with worker’s compensation coverage. Thus, delivery workers for companies such as Amazon, Grubhub, and Postmates are at a disadvantage when it comes to accidents on the job.
However, most of these companies have insurance for accidents during the course of a delivery, though what is covered and how much compensation you receive will vary from one employer to another. Help from a defective staircase injury lawyer is critical in these situations, as you will want to want to explore all the available legal options, like filing a lawsuit against the property owner.
Suing the Property Owner for a Stairway Injury
With accidents on other people’s property, it’s likely that you can file an injury claim against the owner of the property. Alternatively, you can sue the property management company or another entity that’s in change of maintenance and repairs on the premises.
No matter who is responsible, you will need to prove:
- There was a dangerous condition on the property
- The owner / operator of the property failed to take care of the hazard.
- Due to their negligence, you sustained an injury that resulted in monetary losses.
Unlike a workers’ compensation claim, a lawsuit allows victims to seek non-economic damages like pain and suffering. That’s why it’s important to discuss your eligibility for a third party lawsuit with a personal injury attorney. We recommend that you work with a lawyer who is experienced in dual claims (workers’ comp and premises liability) for a work-related accident.
Workers’ Compensation Claim Deadlines
In order to file a claim for workers’ comp, you must tell your employer about the injury within 30 days of the accident. Then, you must ensure that the claim is filed within 1 year of when you fell down or injured yourself in some other way. If you fail to meet these deadlines, you will lose the right to seek WC benefits, so please make sure to report the accident to your employer as soon as possible.
How Long Do I have to File a Lawsuit?
If you are suing a negligent party other than your employer, you have anywhere from 6 to 24 months to file a lawsuit. Most personal injury claims have a deadline of 2 years, starting from when you were injured.
However, there is an exception for lawsuits against public entities, i.e., properties belonging to or operated by the government. So, if you fell down while going up the stairs in a city or county building, you must file a claim for monetary damages within 6 months.
A member of our legal team can meet with you for a free consultation if you have questions about the statute of limitations for a stairway accident injury case.
Speak to a Work Accident Injury Attorney
The personal injury lawyers of Normandie are here to help, 24/7, so don’t hesitate to give us a call. We have decades of experience in the recovery of compensation claims for employees and independent contractors who make deliveries for a living. We hope you will give us the chance to fight for you and the payment you deserve.
Normandie Law Firm operates on contingency, and that’s why you are never asked to pay upfront if you choose to go ahead with a lawsuit. We represent you for $0 out of pocket and wait to receive a percentage of the funds you receive from the defendant. If we don’t win your case, no problem – the Zero Fee Guarantee means you are not responsible for any legal fees.
Please contact us for a free consultation if you are ready to learn about your rights and legal options.
Other Pages on Our Website Related to This Topic
Who Can I Sue If I Was Injured While Making An Instacart Delivery?
Can I Sue Amazon Prime If I Fell While Making a Delivery?
Amazon Delivery Truck Accident Injury Attorney In Orange County, California
