Workers’ Comp claims are designed to pay for a worker’s injury regardless of the cause, so long as it happened because of their work. When you get hurt, you may be able to file a claim, but FedEx employees face a few hurdles.
Workers’ Comp is only for employees. FedEx’s contractor model, on its face, seems to make a lot of drivers into independent contractors who would not be eligible, but this requires a fact-based inquiry and can potentially get drivers covered under Workers’ Comp anyway. Other employees should also be covered, and lawsuits might be available, too. Filing starts with notice to your employer, then filing with a judge.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 today for a free case review.
What FedEx Workers Can File for Workers’ Comp in Pennsylvania?
Workers’ Comp is only available to employees, but the status your employer says you fall under is not always right.
Who Counts as an Employee?
Many FedEx warehouse workers, package handlers, etc. will be hired as employees and be covered, but not all employees are ostensibly hired this way. However, it is up to the facts, not whatever FedEx says about your status.
Employees have their work controlled by their employer, including scheduling, how to do their job, what to wear, etc. If you control your own work, you may be an “independent contractor” instead and get no coverage.
Are Drivers Employees?
FedEx hires its workers as independent contractors and may pay them with a 1099, but the facts of your employment might say otherwise. If you factually act more like an employee than a contractor, you might be entitled to Workers’ Comp, even if FedEx insists you are a contractor.
There have been successful cases where FedEx drivers got Workers’ Comp as employees, even though FedEx says they are contractors.
How to File for Workers’ Comp in Pennsylvania
When you file for Workers’ Comp, you take these steps:
Get Medical Care
You must get immediate treatment to stop your injuries from getting worse, document the injuries/accident, and get on the road to recovery.
File Notice
You have to notify your employer of your injury so they can file a claim with their insurance carrier. You can still proceed with a claim as long as you give notice within 120 days, but you are expected to give notice within 21 days.
Get a Lawyer
At that point, you should talk to an attorney. If the insurance carrier or employer gets back to you and wants more info or says they can’t make a determination yet, your Pennsylvania Workers’ Comp lawyer can help you get issues taken care of.
If your claim is denied, your lawyer can help you with the next steps.
File a Claim Petition
Workers’ Comp Claim Petitions are filed within 3 years of the initial injury, after your employer denies your initial claim. These Petitions go before a Workers’ Comp Judge (WCJ), who holds hearings and accepts evidence of what happened, how your injury is work-related, etc.
Continue With Your Claim
You will have to undergo medical exams, sit through depositions, and take other steps with your lawyer to collect and present evidence. There is also typically a hearing before the WCJ instead of a trial.
Successful claims can be paid, or we can settle with your employer if they are willing.
Suing for Injuries as a FedEx Worker
Whether Workers’ Comp is available for you or not, you might also be entitled to other injury cases and lawsuits for the same event. These would be filed in a court of law instead of through Workers’ Comp, and you have to prove the at-fault party was indeed responsible before they can be ordered to pay.
Third-Party Claims
You cannot sue your employer for work-related injuries, but you can sue other parties. For FedEx drivers, this commonly includes other drivers and owners of dangerous property.
Damages
Workers’ Comp pays for medical bills, plus a portion of lost wages, plus damages for certain permanent injuries listed in the Workers’ Comp Act. However, it does not cover other economic costs (e.g., vehicle repairs) or pain and suffering.
Other insurance claims or lawsuits might cover these, so it is important to look beyond Workers’ Comp when filing an injury claim as a FedEx worker. If you get compensated for the same damages through Workers’ Comp and through a lawsuit, you may have to pay your employer back from your lawsuit award/settlement.
FAQs for Injured FedEx Workers in Pennsylvania
Am I Covered Under Workers’ Comp?
It is important to look at the facts of your employment, what you were doing when you were injured, and what control your employer exerts over your daily work to see whether you are covered and whether this specific injury fits into that coverage.
Always check with a lawyer; do not trust that your employer’s position is legally correct. Also, do not trust that being paid with a 1099 is enough to kick you out of coverage.
Can I File a Car Insurance Claim and a Workers’ Comp Claim?
Often, Workers’ Comp covers different damages than your car accident claim, and you can often file overlapping claims. A car insurance claim will cover medical bills and lost wages, but it might not pay as much as Workers’ Comp does; however, Workers’ Comp will not pay for vehicle damage or pain and suffering.
If you can file an insurance claim or lawsuit on top of your Workers’ Comp claim, it often gets you higher damages.
Can Workers Other than Drivers File for Workers’ Comp?
Yes! Workers’ Comp is supposed to cover all employees, from package handlers to sorters to supervisors, and more. As long as you are an employee and your injury was work-related, it should be covered under Workers’ Comp.
Do I Need to File a Workers’ Comp Claim?
Technically, you do not have to file for Workers’ Comp if you do not want to. However, it is often the best way to get medical care covered after a work-related accident, and other insurance policies or lawsuits might not get your care paid for.
It also typically takes longer to file a lawsuit, while Workers’ Comp claims can finish faster and get you partial damages quicker.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
For your free case review, call Cardamone Law’s Philadelphia Workers’ Comp attorneys at (267) 651-7945 today.
