Delivery Drivers (Amazon, Walmart, UPS, FedEx)

NYC Delivery Driver Workers' Comp Lawyer

As a transportation worker in New York, your day is filled with tight deadlines and bustling traffic. When a work-related injury or illness strikes, it's not just a physical setback — it's a threat to your livelihood.

The stress of lost wages, mounting medical bills, and the complicated workers' comp system can leave you feeling vulnerable and uncertain about your future.

At Terry Katz & Associates, our NYC delivery driver workers' comp lawyers understand your unique challenges. We're committed to fighting for your rights and securing the medicare care and cash benefits you need to recover and heal.

Recognized among the top-rated workers' comp and disability lawyers in New York for client satisfaction, our legal team has secured maximum benefits for over 25,000 workers throughout New York.

If you're struggling with a workplace injury or illness from your delivery or transportation occupation, let us take the burden off your shoulders. Our knowledgeable team is ready to guide you through each step of your claim.

Call (888) 488-7459 today or contact us online for a free consultation.

Why Hire A Workers' Comp Lawyer After A Workplace Injury?

If a work-related injury or illness causes you to miss more than seven days of work, hiring a delivery driver workers' compensation lawyer can mean higher compensation with fewer headaches and delays.

A skilled attorney will help you overcome the many challenges delivery drivers and transportation workers often face when an injury or illness prevents them from performing their job duties.

Many workers choose to have an experienced attorney by their side because:

  • Claims are complicated: It isn’t always clear what steps you should take to start a claim, and nuances throughout your case can make or break your eligibility or benefits. We know the ins and outs of the complex workers' compensation system and will do the heavy lifting from paperwork and documentation to deadlines, delays, and appeals.
  • 1 in 10 claims are denied: Employers and insurance companies have teams of lawyers whose only goal is to reduce the payout and benefits you receive or deny your claim outright. With decades of legal knowledge and insider experience, our workers' comp attorneys know what it takes to get you the money and benefits you deserve.
  • They face pressure to return: To limit your payout, an employer-approved physician may try to get you to return to work before you a fully healed. Our workers' comp lawyers have your best interests in mind and will help you get a second opinion or negotiate a more suitable agreement before you return to work (and only if you can).

Why Delivery Drivers & Transportation Workers Choose Terry Katz & Associates After An On-The-Job Injury or Illness

Terry Katz & Associates is a leading workers' comp and social security disability law firm in New York with decades of experience helping injured drivers and transportation employees win their workers' compensation claims.

We understand the physical, emotional, and financial toll that a workplace injury can have on your life, and we are committed to providing compassionate and personalized legal representation to each client we serve.

You can rely on our expertise and dedication to fight for your rights and help you get back on your feet after a workplace injury.

  • Trusted by over 25,000 workers, we'll get you the money you deserve
  • Highly rated (4.8) on Google from verified reviewers, we care about your rights
  • Clients get 5x higher compensation; we do the heavy-lifting
  • 100% no-risk, free consultations from our local workers' comp attorneys
  • Pay $0 upfront — you only pay if you win

If you are a delivery driver or transportation worker that's been injured on the job, don't hesitate to contact us for a free consultation.

We'll review the details of your case, answer any questions you may have, and provide expert legal advice tailored to your specific situation.

Remember, you don't have to face the challenges of a workers' compensation claim alone - we are here to help.

We Handle All Types of Transportation & Delivery Driver Workplace Accidents in New York

From delivery vehicle accidents to slips and falls, we advocate for people throughout the state. With decades of experience, we've handled all types of delivery driver injuries and accidents throughout the state.

Some of the most common occupational injuries we handle include:

Vehicle Accidents: Delivery drivers who are involved in car accidents while on the job may be eligible for workers' compensation benefits. This can include injuries such as broken bones, head and neck injuries, spinal cord injuries, fractures, concussions, and internal injuries.

  • Musculoskeletal Injuries: Delivery drivers who frequently lift, move, carry and/or sort heavy objects or engage in repetitive motions may develop musculoskeletal injuries. This can include strains, sprains, tendonitis, carpel tunnel and lower back injuries.
  • Slip-and-Fall Accidents: Delivery drivers may slip and fall while making deliveries, especially in hazardous weather conditions or on poorly maintained premises. These accidents can result in injuries such as fractures, sprains, and head injuries.
  • Overexertion Injuries: Delivery drivers often have physically demanding jobs that require repetitive lifting, pushing, and pulling. This can lead to overexertion injuries, such as strains, sprains, and muscle tears.
  • Construction Site Accidents: Delivery drivers who make deliveries to construction sites may be at risk of accidents caused by falling objects, unsafe conditions, or equipment malfunctions. These accidents can result in serious injuries, such as traumatic brain injuries, spinal cord injuries, and fractures.
  • Dog Bites & Animal Attacks: Being bitten or attacked by an animal while making deliveries on someone else’s property.
  • Assault and Robbery-Related Injuries: Physical or psychological injuries resulting from being assaulted or robbed during a delivery.
  • Exposure to Extreme Weather Conditions: Health issues such as frostbite, heat stroke, or dehydration that occur due to working in severe weather conditions.
  • Traffic-Related Respiratory Problems: Conditions like asthma that are exacerbated by prolonged exposure to vehicle exhaust and pollutants while on delivery routes.

If you have suffered any of these types of injuries while working as a delivery driver or in a transportation-related occupation, contact us today to discuss your eligibility and legal rights.

We'll evaluate your case, guide you through the claims process, and help you secure the benefits you are entitled to.

Understanding Workers' Comp for NYC Delivery Drivers

Workers' compensation is a crucial protection for delivery drivers in New York City. It provides benefits to workers who suffer work-related injuries or illnesses, ensuring they have access to medical care, compensation for lost wages, and other necessary resources and support.

What Is Workers' Compensation?

Workers' compensation is a form of insurance that provides benefits to employees who suffer work-related injuries or illnesses. It operates on a "no-fault" system, meaning that workers are entitled to benefits regardless of who was at fault for the accident or injury.

Benefits for Transportation Occupations

Workers' compensation benefits for transportation occupations in New York provide crucial support and resources for injured workers.

When you file a claim, your injury will be classified into one of the four degrees of disability depending on the extent and nature of the injury: Temporary total disability (TTD), Temporary partial disability (TPD), Permanent total disability (PTD), Permanent partial disability (PPD).

Based on your degree of disability, benefits may include lost wages, medical benefits, death benefits, and vocational rehabilitation up to certain limits. If you are completely disabled for at least one year you may also qualify for social security disability (SSD) benefits.

These benefits are designed to ensure that workers have access to the necessary medical care and financial support to recover from workplace injuries and illnesses.

Lost Wages

You may receive weekly cash payment for a portion of your lost wages. The amount is determined by multiple factors, including your average weekly wage for the previous year and the degree of your temporary disability.

According to the New York State Workers' Compensation Board, the calculation for workers' comp benefits is:

2/3 x average weekly wage x % of disability = weekly benefit

These benefits help provide financial stability and support for injured workers who may be unable to work or earn the same level of income due to their workplace injury or illness.

Medical Benefits

Medical benefits cover the cost of necessary medical care related to your work-related injury or illness.

This can include doctor visits, hospitalization, surgeries, medications, physical therapy, assistive devices, and other forms of treatment prescribed by a healthcare professional.

Survivor Benefits

In the unfortunate event of a transportation worker's death due to a work-related injury or illness, survivor benefits may be available to their spouse, minor children, or other dependents. This provides for funeral costs and a weekly cash payment based on a percentage of the worker's average weekly wage.

The specific amount and duration of survivor benefits depend on various factors, including the relationship between the deceased worker and the dependents.

Additionally, the surviving family members may also be eligible for other benefits, such as social security benefits. These benefits can provide additional financial support to help the family cope with the loss of their loved one.

Vocational Rehabilitation

Injured transportation workers who can’t return to their previous job due to their injury or illness may be eligible for vocational rehabilitation services. These services are designed to help by providing job retraining, job placement assistance, and vocational counseling.

The goal of vocational rehabilitation is to help injured workers regain their independence, reenter the workforce, and find meaningful employment despite their physical limitations.

Schedule Loss of Use (SLU)

Schedule Loss of Use (SLU) is a benefit available to transportation workers who have suffered a permanent impairment or loss of use of a body part or function as a result of a workplace injury. It provides compensation for the permanent loss of use of a specific body part or function, such as an arm, leg, hand, foot, or finger.

The specific amount of a SLU award depends on the severity of the impairment and is determined by a medical evaluation. The Workers' Compensation Board has established guidelines that assign a specific number of weeks of compensation for each body part based on the degree of impairment.

Working with a workers' comp attorney at Terry Katz & Associates can help ensure that you understand your right and receive the full compensation you are entitled to.

How Long Do I Have to File a Claim?

In New York City, there is a time limit for filing a workers' compensation claim. Generally, injured workers have two years from the date of the accident or the date they became aware of their work-related injury to file a claim. However, it is important to note that it is best to file the claim as soon as possible to ensure that all necessary documentation and evidence are preserved.

Can I Appeal a Denied Workers' Comp Claim?

If your workers' compensation claim is denied, you have the right to appeal the decision. It is important to act quickly and consult with an experienced workers' comp attorney who can guide you through the appeals process.

Appealing a denied workers' comp claim can be complex, and having a knowledgeable attorney by your side can significantly increase your chances of a successful outcome. People who hire a workers' comp lawyer for their claim also get 5x higher compensation on average.

Navigating the Workers' Compensation Claims Process in New York

Navigating the workers' compensation claims process in New York can be complex and overwhelming, especially for delivery drivers who are focused on recovering from their injuries. Having the knowledgeable legal team at our firm by your side can help avoid delays and denials, while maximizing your payout and benefits.

To protect your rights, follow these steps after a workplace accident:

  1. Get medical treatment: This is crucial to ensure proper documentation and care for your recovery process.
  2. Notify your supervisor of your injury (must do this within 30 days): This should be done in writing and include details of how, when, and where the incident occurred. Your employer is then required to report the injury to their workers' compensation insurance company within a certain timeframe.
  3. Call Terry Katz & Associates: We'll evaluate your case, determine your eligibility for benefits, and guide you through the rest of the claims process. This includes filing the necessary paperwork, gathering evidence to support your claim, and communicating with the insurance company on your behalf.
  4. File a workers' comp claim: (within 2 years of the date you were injured): File a Employee Claim (Form C-3). If you injured the same body part before, or had a similar illness, you must also file a Limited Release of Health Information (Form C-3.3)

The insurance company will review your claim and either accept or deny it. If your claim is accepted, you will begin receiving benefits, which can include medical treatment, compensation for lost wages, and other necessary support.

If your claim is denied, your attorney can help you appeal the decision and fight for your rights.

Throughout the claims process, it is important to keep track of any correspondence and deadlines related to your case. Your attorney will handle most of the communication and paperwork, but it is still important to stay informed and involved.

Are All Delivery Drivers & Transportation Workers Covered By Workers' Comp?

Not all delivery drivers and transportation workers are automatically covered by workers' compensation in New York State. The eligibility for workers' comp benefits depends on various factors, including the worker's employment status, the nature of the job, and the specific circumstances of the injury or illness.

In general, most transportation workers who are classified as employees are covered by workers' compensation. This includes delivery drivers who are directly employed by a commercial establishment and make deliveries solely for that establishment.

New York employers are required to provide workers' compensation insurance, which covers injuries or illnesses that occur while their employees are performing job-related tasks.

Amazon Delivery Drivers is the second-largest private sector employer, employing more than 275,000 delivery drivers. With dozens of distribution and fulfillment centers throughout New York, Amazon is a major force in transportation and delivery.

While Amazon claims to be improving safety through technology and training programs in fulfillment centers, sorting centers, and delivery stations, they still have among the highest workplace injury rates compared to their peers.

Amazon’s freight and delivery network also includes nearly 60,000 registered motor carriers includes through programs like Amazon Flex and Amazon Delivery Service Partners (DSPs).

A study from the Strategic Organizing Center found Amazon’s DSP drivers had a 51% higher injury rate compared to similar transporation operations at UPS, and were three times more likely to miss time due to a work injury.

Eligibility for workers’ comp will depend on your status as either an “employee” or “independent contractor.”

Walmart Transportation Drivers

Walmart is the largest private sector employer in the US, with a trucking fleet of more than 13,000 truck drivers and another 2.1 million employees in the U.S. In the case of Walmart truck drivers, workers' compensation benefits would be provided through the employer's insurance company.

This coverage would include medical benefits, disability benefits, and other necessary support for injured or ill drivers.

If you are a Walmart truck driver who has been injured on the job, it is important to report the injury to your employer and seek medical treatment as soon as possible.

The workers' comp attorneys at our firm can guide you through the claims process and ensure that you receive maximum medical and financial benefits.

UPS (United Parcel Service)

A global leader in logistics, UPS has a significant presence in New York, operating numerous delivery routes and facilities. According to the FMCSA’s report on United Parcel Service, Inc., there were nearly 3,000 reported crashes involving UPS trucks, resulting in 1,034 reported injuries, and 73 fatal crashes between October 2020 and October 2022. Many employees have reported suffering heat stroke and similar occupations risks, due to the lac of air conditioners in their package delivery cars or warehouses.

FedEx Drivers

FedEx’s transportation system operates several hubs and stations across the state and works with Express, Freight, and Ground delivery drivers. Express and Freight are typically employed directly by FedEx and are eligible for employee benefits, whereas FedEx Ground drivers often work for third-party delivery businesses that contract with FedEx.

Our workers’ comp lawyers can guide you through the claims process, help you understand your employment classification, and ensure that you receive the benefits you are entitled to.

US Postal Service (USPS) Drivers

As a federal entity, USPS manages a vast network of mail and package delivery across New York’s urban and rural areas.

UPS (United Parcel Service) drivers are typically covered by workers' compensation benefits. UPS, like many other large employers, is required to provide workers' compensation insurance coverage for its employees to protect them in the event of workplace injuries or illnesses.

As UPS drivers are employees of the company, they are entitled to workers' compensation benefits if they suffer work-related injuries. These benefits can include medical benefits, disability benefits, and other necessary support.

If you are a UPS driver who has been injured on the job, report the injury to your employer and seek medical treatment as soon as possible. You should also consult with a workers' comp attorney who can guide you through the claims process and ensure that you receive the benefits you are entitled to.

Local Delivery Drivers / Restaurant Drivers

Delivery drivers play a crucial role in supporting local restaurants and food delivery services in New York City. They ensure that customers can enjoy their favorite meals from the comfort of their own homes. However, the nature of their work exposes them to various risks and hazards.

Delivery drivers often have to navigate busy streets, deal with heavy traffic, and endure long hours behind the wheel. These factors can increase the likelihood of accidents and injuries. Additionally, they may need to lift heavy loads, which can strain their muscles and joints.

Eligibility for workers’ comp will depend on your status as either an “employee” or “independent contractor.” A skilled lawyer can guide you through the claims process, understand your employment classification, and ensure you recover the benefits you deserve.

Part-Time Drivers

Part-time drivers are also eligible for workers' compensation benefits in New York City. The coverage extends to all employees, regardless of their work schedule or the number of hours they work.

If you are a part-time driver and suffer a work-related injury, you have the right to receive medical treatment and compensation benefits. The benefits will be based on your average weekly wage and the extent of your disability.

Employment Status in the Trucking Industry: Employees vs Independent Contractors

New York State has strict laws for who qualifies as a contractor versus an employee.

Delivery workers who work as independent contractors are not eligible for workers’ compensation benefits in New York. Independent contractor delivery drivers, who are not classified as employees, are usually responsible for securing their own insurance coverage.

Under the Commercial Goods Transportation Industry Fair Play Act, "a driver who possesses a state-issued driver's license and who transports goods in the state of New York while operating a commercial motor vehicle as defined in Labor Law Section 862-a(3) is presumed to be the employee of a commercial goods transportation contractor who compensates the driver."

A truck driver is only considered an independent contractors if their employer is has to report their wages on a federal income tax Form 1099 (if required by law), and the driver meets each of the following criteria:

  1. Driver is free from control and direction in performing their job
  2. Driver performs services outside the usual course of business for the employer
  3. Driver is engaged in an independently established trade, occupation or business that is like the service they perform

Delivery workers who are not employed directly by the commercial establishment for which they are delivering, such as Grubhub, DoorDash, Uber Eats, Postmates, and Seamless, among many other on-demand delivery apps, may be subject to some exceptions under the Workers’ Compensation Law.

Injured at Work? Get a Free Lawyer Consultation Today

Navigating the complexities of workers' comp claims can be overwhelming, especially after a delivery-related injury that jeopardizes both your health and financial stability.

At Terry Katz & Associates, we understand the stakes and are dedicated to securing the medical care and cash benefits you need to fully recover.

With a history of successful claims and top-rated client satisfaction, we stand ready to alleviate the burden and guide you through every step.

Don't wait to get the help you need — call (888) 488-7459 today or contact us online for a free consultation, and let us ensure your rights and recovery are fully protected.

Si tú hablas español y fuiste lastimado en un accidente en tu trabado, nosotros podemos ayudarte.

Frequently Asked Questions About Workers' Comp

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