UPS employees are often entitled to Workers’ Comp claims for work-related injuries. Understanding how to file your claim is important, as is understanding whether Workers’ Comp is your only option or whether you might be able to get additional damages through a lawsuit.
Filing a Workers’ Comp claim begins with getting medical care and notifying your employer of your injury. When they deny coverage, you can take your case before a Workers’ Comp Judge (WCJ) with a Claim Petition your attorney can help you fill out. You may also be entitled to sue other drivers, property owners, etc. for injuries, even if you cannot sue UPS.
For a free case evaluation, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
What UPS Workers Are Covered Under Workers’ Comp?
Workers’ Comp is a no-fault system that pays for your injuries and a portion of your lost wages regardless of the cause. However, it only covers “employees.”
Employee Status
To be an “employee,” you must get paid to work for someone else/a company, and they must have control over your work tasks. Typically, employees are hired under their own name (e.g., not as an LLC or anything like that).
Most workers at UPS are employees, but you should always work with a Pennsylvania Workers’ Comp attorney if your employer tries to say otherwise.
UPS Driver Status
UPS drivers typically have their work dictated by their employer, are kept to strict schedules, and are told how to do their job. They are also paid hourly wages and have other hallmarks of an “employee.”
This typically makes all UPS drivers employees who can qualify for Workers’ Comp. Even though other delivery drivers for other companies – such as Amazon and FedEx – might do similar work and get a different status, this should not change your work status.
Covered Workers
Other employees should also be covered, e.g.
- Sorters
- Package handlers
- Helpers
- Warehouse staff
- Supervisors
- UPS Store workers
If you have any doubts or UPS tries to say you are not covered, call a lawyer.
How to Start Your Work Comp Claim Against UPS in Pennsylvania
Workers’ Comp claims have a few major steps to take care of, each of which has several sub-parts our lawyers can help you with:
Get Medical Care
After an injury, go to the hospital to get immediate treatment. This documents the injuries and starts getting you on a path to recovery. Medical records will say the precise date/time of treatment so your employer has a harder time saying the injuries happened off duty.
Call a Lawyer
You should work with a lawyer as soon as you can in your case to avoid mistakes.
Report Your Injury
Employers need notice of your injury within 21 days for your case to proceed quickly, though you can still file as long as you give notice within 120 days. You typically report your injury to your supervisor or HR, but our lawyers can help you give proper notice.
File a Claim Petition
After you give notice, your employer gets 21 days to talk to their insurance company and decide whether to accept or deny the claim. If they deny you, you can file in court instead by taking a Claim Petition before a WCJ.
Evidence and Hearings
From there, things get complex, and your lawyers can walk you through the specific medical appointments you need, collect records for you, take witness depositions, and represent you at hearings.
Can You Sue for Injuries While Working with UPS?
Workers’ Comp is available to cover all work-related injuries, regardless of their cause. That means you can potentially file a Workers’ Comp claim for all kinds of accidents, whether they were caused directly by UPS or not:
- Accidents while driving
- Accidents while taking packages to houses
- Accidents while handling/lifting/carrying packages
- Warehouse or sorting accidents
If a third party caused the accident – e.g., a property owner – you might also have a valid lawsuit against them. This can provide damages like pain and suffering, which Workers’ Comp does not cover.
FAQs for Injured UPS Drivers Filing for Workers’ Comp
Can I File a Lawsuit as an Injured UPS Worker?
A lot of UPS drivers might have cases against third parties for their injuries, such as the two most common:
- Other drivers who crash into them
- Property owners with dangerous driveways/sidewalks, unlit porches, dangerous animals, etc.
Other UPS workers typically don’t have interactions with third parties that could justify a lawsuit and instead might only have Workers’ Comp to cover their injuries.
Can You Win a Case Caused by Dangerous Property Conditions?
Whether you have a case or not always comes down to the specifics of the situation. If a property owner left dangerous conditions that injured you, such as an icy walkway, you may have a case, but these two common issues might hurt your claim:
- You might not be able to sue for obvious dangers you should have avoided (e.g., a very visible patch of ice or a snarling dog in front of the house).
- You might not be able to sue for injuries while walking back to your truck from the door, if you were exposed to the risk on the way there, kept going despite the possible danger, then got injured on the way back.
Always talk to a lawyer about the facts of your case; each case is unique.
When Should I Call a Lawyer?
Call our attorneys as soon as you can after your injury. We can help you figure out how to file your claim, what to say when you give notice, etc. Having a lawyer on your case at the beginning helps set up a strong case and allows us to negotiate early on to potentially reach a settlement quicker.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
Contact Cardamone Law’s Philadelphia Workers’ Compensation lawyers at (267) 651-7945 for a free review of your case right away.
