Workplace injuries can turn an ordinary day on the job into a life-changing event, leaving workers with medical bills, lost income, and an uncertain future. Even though workers’ compensation policies are meant to protect package delivery workers when the unthinkable happens, navigating a complex claims process can be overwhelming.
Coulter Harsh Law is dedicated to pursuing justice for injured workers.
At our law firm, our personal injury attorneys have handled countless workers’ comp cases in which workers were initially denied benefits or did not receive the benefits they were entitled to under Nevada law. Understanding your rights as a worker and knowing when to seek legal representation can make all the difference in whether you receive fair compensation.
What You Should and Shouldn’t Do After a Workplace Accident
Your immediate health and well-being should always come first after getting into an accident while delivery packages. Otherwise, time is of the essence in the aftermath of a workplace accident. Take the following actions to protect yourself:
- Seek immediate medical attention and file a C-4 form at the medical facility.
- Call law enforcement to document the accident if there are others involved.
- Notify your employer you’ve been injured while on the job using a C-3 form, which is to be provided to you by your employer.
- Gather evidence if you are able.
- Ensure somebody has created a formal accident report.
- Check whether CCTV or security cameras captured your accident.
- Seek legal advice from a law firm experienced in workers’ compensation cases.
Before you meet with an attorney, check out How to Prepare for Your First Meeting with a Personal Injury Attorney to know what documents and questions are most helpful. Please understand that if you were involved in a workplace accident and have serious injuries, you may be unable to complete some of these steps. For example, a bystander may have to call 911 to get you the medical attention you need. Do not worry too much; an experienced lawyer can help you once you’re more stable, including gathering evidence on your behalf. To best help yourself, you should avoid a few things after a workplace accident:
- Recording a statement before speaking with a lawyer.
- Signing any forms that release your employer from liability.
- Settling before speaking with a lawyer.
- Letting somebody convince you not to file a workers’ comp claim.
- Posting about your accident or claim on social media before legal resolution.
Your employer and the insurance company can try to deny or reduce your claim, learn how to spot such tactics in Signs Your Insurance Company Is Lowballing Your Claim. It’s best to have a workers’ compensation lawyer working with you during this process. Contact Coulter Harsh Law for legal representation in Reno, NV.
Most Common Causes of Injuries to Package Delivery Workers
Package delivery workers can sustain harm while on the job, ranging from minor to more severe, life-altering conditions.
- Being struck by objects: When unloading a vehicle, improperly loaded boxes, faulty equipment, and loose objects could injure a package delivery worker. Additionally, falling objects from construction sites, unsecured beams, and other hazards can cause physical trauma.
- Collisions and other accidents: While in transit, delivery drivers can be the victims of collisions, resulting in various physical traumas, including whiplash, broken bones, traumatic brain injuries, and more.
- Slip-and-fall accidents: Package delivery workers often navigate uneven surfaces and encounter weather conditions on the road and during package handoffs. When sidewalks are icy, covered in snow, or slick from rain, they can slip, causing bruises, tears, broken bones, and more.
- Back injuries: Package delivery workers maneuver and carry packages of all sizes and weights. Unfortunately, it’s common for them to sustain back injuries, such as strains or even herniated or ruptured discs, which may require surgery.
- Repetitive stress injuries: Delivery drivers can have profound injuries that result from repeated motions that cause wear and tear on the musculoskeletal system. Some examples include tendinitis and carpal tunnel syndrome.
These circumstances can cause pain, suffering, disability, and even death, completely altering the course of your life and the lives of your loved ones, making it crucial to have expert legal representation.
The Difference Between a Personal Injury and Workers’ Comp Claim
Workers’ compensation and personal injury claims help injured employees recover compensation for medical expenses and lost wages, though they serve distinct legal purposes.
Workers’ Compensation Claims
Workers’ compensation is a no-fault insurance policy that benefits injured employees, regardless of who or what caused the injuries. There are typically limits to what you can claim compensation for, primarily under medical expenses and lost wages.
Personal Injury Claims
Personal injury cases require proving another person or people caused your injury by acting recklessly or negligently. In these cases, that person is called the “at-fault party,” as your injury would not have occurred were it not for their actions. Compensation for this type of claim has a broader definition and can include medical bills, lost wages, material damage, emotional distress, loss of consortium, and more.
Options After a Work-Related Injury
Accident victims may need to follow both legal pathways outlined above. Typically, this outcome is warranted when a third party is responsible for what happened to the injured worker.
Let’s say, for example, you were delivering a package to a business that failed to maintain safe walkways or entryways (failing to salt during a snowstorm, objects blocking pathways, lack of slip mats in wet areas, etc.), and you slipped and fell. You might file for workers’ compensation with your employer as you were injured during your work responsibilities, and you might also pursue a claim against the business.
Nevada’s Workers’ Compensation Laws
Compared to other states, Nevada has a wide range of workers’ compensation benefits to protect workers’ safety, including medical treatment, medical equipment, wound care supplies, and generic medications. You’ll file a claim through Nevada’s workers’ compensation system when you’re injured on the job.
If you experience any disability after your accident — temporary partial disability, temporary total disability, permanent partial disability, or permanent total disability — you can receive benefits for your change in work status and ability. There are also benefits for family members in the event of a workplace death.
Nevada Revised Statute 616C.015 outlines all of this, including how long you have to file a claim.
- Individuals suffering workplace harm have up to one week from the accident to report it to their employer. This report must be in writing and describe how you were injured and how it related to your employment.
- Injured employees have up to 90 days to seek medical care and file a C-4 form.
- Should a worker die from work injuries, families have up to a year to file a C-4 form for wrongful death benefits for a surviving spouse or children.
- Should your situation warrant a personal injury claim, know you have two years after the accident to file your claim.
It can be a lot to keep track of, so having legal representation can ensure you don’t miss any important deadlines and file your claim effectively. A personal injury lawyer can also ensure you receive fair compensation.
If an employer fails to report a workplace injury or discourages an employee from filing a workers’ comp claim, they may face severe penalties under state labor laws. The law protects you.
When to Reach Out to a Workers’ Compensation Attorney
Often, workers’ compensation claims are handled by you and your employer through established processes and standard forms.
Most cases will not require an attorney’s expertise. However, there are some common situations where having a workers’ compensation lawyer by your side is essential.
You have a pre-existing condition that could be used to deny your claim. Insurance companies can resort to shady tactics to deny your claim. It’s not unheard of for these companies to use preexisting conditions, like a documented back injury from years ago, to explain your pain related to a workplace injury. An experienced attorney can fight back against these companies and ensure you have access to your workers’ compensation benefits.
Your insurance company denies the claim. Should your insurance company deny your workers’ compensation, there is hope. You can appeal their decision with the help of a workers’ compensation attorney.
Your attorneys can guide you through every step, including gathering and filing the appropriate paperwork, explaining your options, and ensuring your case abides by Nevada’s laws.
Your insurance company denies or delays the treatment you need. You deserve the best medical treatment available to recover from your injuries. Should your insurance company deny or delay your medical treatment, it’s time to find a qualified lawyer.
Coulter Harsh Law’s expert lawyers can connect you with medical providers experienced in workplace injuries and pursue your claim until you receive the financial compensation you need to recover.
You have severe injuries that result in permanent disability and the inability to return to work as usual. In situations wherein you need surgery, long-term rehabilitation, or other extensive treatments, you need a legal team like Coulter Harsh Law to protect you.
Especially if your workplace injury results in a disability, which changes your ability to work as you were used to, you need legal support. Companies can try to deny claims when they’re expensive or could impact workers’ compensation premiums in the long term. Regardless of the financial impact on your company, our priority is getting you what you need to recover.
Your employer is accusing you of fraud. Fraud occurs when an employee falsely claims to have been injured while on the clock or collects disability benefits over the amount permitted in his or her situation. To be clear, filing a fraudulent workers’ compensation claim is illegal. Should your employer accuse you of this, you need a workers’ compensation lawyer to protect your right to benefits.
Your injury or accident involved a third party. Sometimes, a third party is responsible for what happens to you while at work. For example, say you are en route to a delivery, and a reckless driver t-bones you at an intersection. Though you’re at work during the accident, filing a claim against the driver is within your legal rights, and you’ll need a personal injury lawyer to help with this.
Coulter Harsh Law Will Fight for the Compensation and Relief You Deserve
Were you injured while making a delivery in Reno, NV? If you were recently in a workplace accident and were left with injuries and pain, we’re truly sorry you had to experience this. Though your recovery may take some time, you can and should have the financial compensation you need while you recover.
Our personal injury lawyers have represented hundreds of injury victims like you and have worked tirelessly on their behalf to ensure that medical bills and income gaps are addressed so that our clients can focus on what matters: their recovery.
Contact our Reno personal injury attorneys for the support you need to navigate your workers’ compensation claim.
Pursu Agency
