Charlotte Delivery Truck Driver Injury Lawyer

Charlotte Delivery Truck Driver Injury Attorney

With the rise of online shopping and ordering, especially with big-name companies like Amazon and FedEx that promise fast delivery, truck drivers may be on the road at all times of the day. The drivers typically have a tight schedule when delivering the goods. These factors can lead to an increase in accidents. If you or someone you know has been involved in this type of accident, having a Charlotte delivery truck driver injury lawyer on your side can be important for your next steps.

Why Choose The Bollinger Law Firm, PC?

At The Bollinger Law Firm, PC, we know how stressful and unclear it can be when you get hurt on the job. We can fight for the full benefits and compensation you deserve if you have been injured in a delivery truck driver accident.

We know how to handle the complicated parts of these types of claims, like denied claims and disagreements over disability payments. We can fight hard for your rights in court if necessary, but we can always try to find the fastest and most effective way to solve the problem.

To us, you’re more than just a case number. You’re a person with specific needs, and we’ll always put your needs first. Our track record of success demonstrates our focus on our clients and communicating every step of the way.

The Rise and Demand of Delivery Drivers

Over the years, the number of delivery drivers and shipping options available have increased. Places like Amazon have grown rapidly in their delivery methods and outputs over the last few years. Delivery drivers have become an important part of our economy, especially post-pandemic, when online shopping grew exponentially.

Amazon is one of the leading delivery companies. It offers one and two-day delivery options for many of its customers, which requires its drivers to move quickly and efficiently. This has provided many job opportunities for job seekers.

FedEx is another leading delivery driver. FedEx has a long history of handling and delivering goods to consumers around the world. As a result, the delivery driver workforce has grown, helping these companies deliver many packages daily.

However, with this increase in demand and availability comes an increase in potential accidents and injuries as a result of those accidents. Delivery drivers must work long hours and meet tight deadlines to ensure supplies arrive as promised.

Long hours and a fast pace often raise the risk of getting hurt from doing the same things over and over, like highway driving, lifting heavy boxes, and loading or unloading packages. Also, some independent contract drivers don’t have the safety nets of health insurance and workers’ compensation.

Common Injuries Sustained by Delivery Truck Drivers

Due to the nature of a delivery truck driver’s work, the risk of injury is present at all times. Broken arms, legs, or knees can happen to drivers, and they take a long time to heal. They also often need surgery, casting, and other aftercare, such as physical therapy. Broken body parts often limit a person’s mobility, making it hard for them to complete their jobs during recovery.

Another frequent problem is sprains and strains, mostly in the back, wrists, and ankles. A driver with a sprained ankle might be unable to walk or stand for long periods of time. Similarly, strained back or shoulder muscles might hurt continuously and make it hard to move. Even though these injuries aren’t as bad as fractures, they still cause pain and can leave a person limited in their mobility.

Another big problem for delivery truck drivers is head injuries, which can be anything from minor headaches to traumatic brain injuries (TBI). Even a slight concussion can cause headaches, dizziness, and problems with thinking. Severe brain injuries, on the other hand, can leave a person permanently disabled. Spinal injuries can also result in permanent disability and paralysis.

Common Causes of Delivery Truck Driver Injuries

Those driving delivery trucks face a number of risks, and they could suffer injuries in many different ways, including:

• Injuries from accidents. Workers can experience injuries from getting into accidents on the road. Accidents can happen for a number of reasons, and they are not always caused by the error of the truck driver, although this does occur. Truck accidents can happen as a result of another driver’s negligence or distraction, environmental elements, poor road conditions, poor vehicle maintenance, and driving while fatigued.
• Slip and falls. Delivery drivers can slip and fall as they constantly load and unload cargo, sometimes from high heights. If they are carrying things on or from uneven, unsafe, or slippery surfaces and pavements, this increases the likelihood of injury. Some slip and falls may not be serious, but others can result in devastating injuries.
• Injuries from strain, striking, or overexertion. A delivery driver can be injured on the job for a number of reasons, including being hit by an object, which can cause minor injuries such as bruises or major injuries like broken bones. A person can also suffer injuries that occur over time, such as constant and consistent straining or overexerting themselves, resulting in potential muscle strain and joint problems, among other issues.
• Stress effects. Although not the first thing that comes to most people’s minds when discussing injuries, stress-related job issues can contribute to injury-related problems later on, such as high blood pressure, depression, and anxiety, which increases the likelihood of physical ailments.

Liability for Truck Driver Injuries

Truck driver injuries can be caused by a number of factors. One of the most common reasons is trucking accidents. While the driver is sometimes liable in these cases, depending on the circumstances, another party may be. Here are some other potentially liable parties:

• The trucking company. The trucking company can be held liable for injuries in several ways. For instance, the company can be held liable if the vehicle was improperly maintained or the company did not follow the proper safety measures and directly caused an injury.
• The truck manufacturer. The truck manufacturer can be responsible for defective parts, and if those parts directly caused a person to be injured, they can be held responsible for the injury.
• The truck driver’s employer. If an injury was caused by a negligent driver, the driver’s employer can be held liable if they knowingly hired someone ill-equipped for the job. Employers such as Amazon or FedEx can also be held liable if they subject their employees to unsafe working conditions or unrealistic working schedules.
• Repair companies. Repair companies can be held liable if they perform inadequate repairs on a vehicle, causing an accident that results in injuries.
• Other drivers. If the truck driver got into an accident and the other driver was negligent, distracted, or driving recklessly, they can be held liable for any injuries caused.
• Property owners. If a delivery driver is injured on the premises of the person or entity they are delivering to, especially due to unsafe conditions, such as obstructions in the walkways, the property owners can be held liable for injuries.
• The government. The government can even be held responsible if injury happens due to poorly kept roads or other roadway inadequacies contributing to accidents and injuries. However, filing a claim against a government entity is more complex than filing a claim against other entities. You should consult with a Charlotte delivery truck driver injury attorney in these cases.

Even if the employer bears some fault for the injury, injured workers may not be able to hold them liable through a personal injury claim due to the no-fault nature of workers’ compensation laws.

What to Do If You’ve Been Injured

If you have been injured as a delivery truck driver, there are some steps you can take after the fact to ensure your health and receive the compensation you deserve.

First, you want to seek medical attention immediately, especially if you have serious injuries. Your health is the most important thing. Even if you don’t have immediately noticeable injuries, you’ll still want to seek medical attention. This is because internal injuries are not as obvious as external ones. You will want to have doctor’s notes and documentation when you are considering filing any type of claim.

Next, you should report the injury to your employer. This is especially true if you were injured on the job and you are seeking workers’ compensation. You should still inform your employer if you will need time off due to your injuries, even if you were not injured on the premises.

Keep proper documentation of the injury. This means you want to gather any and all evidence related to the injury. This includes any doctor’s notes, medical bills, witness statements from those who saw the injury, and any factors that contributed to the accident, such as a slippery floor or faulty equipment. Any photos or video of the scene and the accident can be extremely helpful for your case. Make sure to get the contact information of any witnesses so they can be contacted in the future, as these cases can take time.

Find out what you need to do to file a workers’ compensation claim. If you are an employee, you can file a claim with your employer. The purpose of worker’s compensation is to cover medical expenses, any lost wages, and any other necessary costs required for your recovery, such as physical therapy. You can ask your employer for the forms and any other requirements needed to make the claim.

It can be helpful to recruit the help of a Charlotte delivery truck driver injury lawyer. They can help you understand your options and fight for your rights. A lawyer is especially helpful if your claim is unfairly or inexplicably denied, if you received significantly less than what you need, or if a third party was responsible for your injuries.

A lawyer can also be helpful if you are considered an independent contractor. Independent contractors are not employees and, therefore, are generally not eligible for workers’ compensation. However, a lawyer can help you file a personal injury claim to receive compensation for the damages that you suffered.

Damages Available to Those Injured

What kinds of damages an injured person can receive depends on whether they are an employee or an independent agent and whether they’re filing a workers’ compensation or personal injury claim.

Paying for medical care is one of the most important things that you need right away after getting hurt. Delivery drivers who are hurt on the job should get paid for all of their reasonable and necessary medical bills connected to their injury. This includes:

• Visits to the emergency room
• Stays in the hospital
• Surgery
• Doctor visits and follow-ups
• Therapy and recovery through physical activity
• Prescription medications
• Medical gear, like braces and crutches

When someone gets workers’ compensation, their medical bills are usually paid for without the need to pay a co-pay or fee. People who are self-employed or filing a personal injury claim may get these costs back from the person or party responsible through settlements or court awards.

Workers’ compensation usually doesn’t pay for non-economic damages like pain and suffering. However, employees or independent contractors who file third-party personal injury claims (against careless drivers, manufacturers, or property owners) can ask for money to cover their physical pain and emotional distress. These damages make up for the pain, stress, depression, and loss of enjoyment of life that can sadly come with major injuries.

A delivery driver may be able to get money for the loss of future earnings if an accident keeps them from going back to their old job or makes it harder for them to make a living in the future. As part of a personal injury settlement or judgment, a professional can look at the driver’s long-term job chances and how much money they might lose because of their injury.

If the accident keeps the driver from going back to their old job, workers’ compensation may also pay for vocational rehabilitation. This could include retraining for a new job, career guidance, or help finding a new job that fits their abilities after the injury.

If an accident damages a delivery driver’s car or personal belongings, they may be able to get money to pay for the costs of fixing or replacing them. This is usually part of third-party personal injury suits, like when someone else’s careless driving causes an accident.

Compensation for Lost Wages

When delivery drivers get hurt and have to miss work, they can lose a significant amount of income. Workers’ compensation awards drivers money to replace their lost wages based on their average weekly wage. These can fall into different categories, including:

• Temporary Total Disability (TTD): If the injury prevents the driver from working for a certain amount of time, they can receive TTD benefits, which are generally a percentage of their average weekly wage.
• Temporary Partial Disability (TPD): If the driver can go back to work but only for a certain amount of time or with certain restrictions, they may be able to get some of their lost wages back to make up the difference between what they were making before and after the accident.
• Permanent Disability: If the injury causes a long-term or permanent disability, you may be able to receive more compensation based on how severe the disability is.

Workers’ Compensation vs. Personal Injury Claims

A couple of options may be available to workers who have been injured. When injuries cause a person damage, especially financial damage, they may be able to file some sort of claim: either a workers’ compensation claim or a personal injury claim. In some instances, they may be able to file both.

Workers’ compensation claims allow employees to file a claim to be compensated for their damages. This includes compensation for medical bills, lost wages, and rehabilitation efforts.

Generally speaking, if an employee files a workers’ compensation claim, this forbids them from filing a personal injury claim against their employer. This is meant to act as a safety measure for both employees and employers. Employees have a safety net for protection in case of injuries, and employers are protected against legal disputes.

Personal injury claims can be filed in instances where the injured party is not an employee. For instance, they may be independent contractors and, therefore, not have access to workers’ compensation. Personal injury claims may also be filed if a third party, such as a manufacturer or a property owner, was responsible for the injury.

In some instances, an injured worker may be able to file both. For instance, if the employer intentionally committed acts against the employee that led to injury, an employer may be able to file a claim due to their negligence. This is typically only an option in cases where the employer was grossly negligent or intentional in their actions to cause harm.

What to Do If Your Workers’ Compensation Is Denied

If your workers’ compensation claim is turned down, you have options, but you must act swiftly. First, read the denial letter carefully to find out exactly why the claim was denied. For example, there may not be enough medical proof, the deadlines were missed, or the injury wasn’t reported on time.

Next, get all the important papers together, like your medical records, accident reports, and letters from your job and insurance company. This evidence can help you in your next steps, especially if you decide to file a personal injury claim.

You can then file an appeal. Follow the steps and dates set out when you file a formal appeal to question the denial. During this process, people often have to send in more proof, like updated medical reports or comments from witnesses. No evidence is too much.

Finally, make sure you keep thorough records of all the conversations and actions regarding your claim. Remember that you have the right to pursue your claim further, and hiring an experienced lawyer can greatly improve your chances of getting the compensation you deserve.

How an Injury Lawyer Can Help

When you’re navigating the complicated world of workers’ compensation cases, having a Charlotte delivery truck driver injury lawyer by your side can make all the difference. An experienced attorney knows all the ins and outs of workers’ compensation rules and can walk with you through the entire process.

First, a lawyer can review your case facts and ensure that all the necessary paperwork is in order. This could include medical records, incident reports, and statements from witnesses. This level of careful planning is necessary because even small mistakes can cause claims to be denied.

Once the evidence is gathered in your case, your lawyer can help you file, ensuring you meet all the dates and follow state-specific rules. If your claim is turned down, which happens frequently, your lawyer can help you figure out why it was turned down and instruct you on what to do next. They can file an appeal for you and help you secure additional proof of your claim.

A lawyer can also talk to insurance companies on your behalf to get you a fair payment. Insurance companies often try to pay out as little as possible, so having a lawyer who knows how these companies work can be very helpful. Your lawyer can fight for the most benefits you can receive, whether they are for medical bills, lost wages, or lifelong disabilities.

Lastly, if your case goes to court, an experienced lawyer can be there to defend you, make sure your case is well constructed, and fight for your rights. With their help, you can focus on getting better while they take care of the complicated parts of your claim. This can greatly improve your chances of getting the compensation you deserve.

Contact The Bollinger Law Firm, PC, Today

Delivery truck drivers can have an intense schedule, which can sometimes lead to severe injuries. If you or someone you know has suffered injuries while on the job, an attorney at The Bollinger Law Firm, PC, can help. Contact us today to get started.