Who can I Sue for a Stairway Injury While Making a Delivery?

Accidents can happen at any location during the course of your job duties, no matter what kind of work you are involved in. But those who make deliveries face a greater risk of injuries due to the fact that the job is physically demanding. In many cases, delivery workers have to go up multiple flights of stairs with heavy boxes and bags.

Unfortunately, many of these workers are injured because of defective steps and other stairway hazards. Dangerous stairway conditions that can cause a fall at work include:

• Staircases that are tilted / leaning because of structural issues with the building
• Steps that are broken, cracked, or loose
• Uneven steps (the rises being inconsistent in height)
• Broken or poorly designed handrails
• Steps with debris, water, oil, and other items / substances that can cause someone to fall
• Failure to de-ice and remove snow from outdoor steps

Injuries Caused by Defective Steps and Other Stairway Hazards

The truth is, staircase injuries can happen in any kind of work setting. However, there is no denying that delivery drivers are more likely to have accidents on stairs because of the very nature of their job. That’s why the vast majority of stairs and steps injury clients we represent work for places like FedEx, Uber Eats, DoorDash, UPS, and DHL.

Seeing a doctor right away is essential if you fall at work because of uneven steps or other dangerous conditions on a stairway. These accidents often result in serious, debilitating injuries, such as:

• Neck or spinal cord injury
• Shoulder dislocation
• Kneecap fracture
• Traumatic brain injury
• Soft tissue injuries (torn ligament, for example)
• Hip fracture
• Disfiguring injuries, like permanent scars
• Infections from puncture wounds and deep cuts
• Spain in the wrist or ankle
• Permanent nerve damage
• Chronic pain
• Damage to the internal organs

Filing for Workers’ Compensation

Delivery drivers can be classified as employees or independent contractors, depending on many factors that have to do with your job duties and obligations to the company. As an employee, you can file a claim for workers’ compensation if you have a stairway injury from doing a delivery for companies like FedEx and UPS.

Make sure to notify your employer immediately, as they are the ones who will inform the insurance company and give you the paperwork you need to fill out. You must also obtain medical treatment right away from the healthcare provider of their choice for the first 30 days. Once you are checked out by the doctor and file the applicable forms with your WC insurance provider, you should start to receive payments within a few weeks.

In some cases, the insurance company rejects a worker’s claim or reduces the amount they should receive. Disputes can happen for many different reasons, but there is no reason to stay silent when you are unjustly denied the benefits you deserve by law. Contact our law firm and seek help from a California work accident injury lawyer.

Accident Compensation for Independent Contractors

If you got hurt as an independent contractor working for Amazon, Grubhub, Postmates, Uber Eats or any other company, your employer is not obligated to offer you coverage under the state’s workers’ compensation laws. However, many delivery app companies have their own form of insurance that can pay for medical expenses and other financial losses in the event you are injured on the job.

The specific damages you are entitled to are based on the policy terms and limits, which can be quite confusing, along with the process to file a claim for a work-related accident. The legal experts of Kenmore can help with all your question and concerns if you were injured on a customer’s property during the course of a delivery.

Suing the Property Owner for a Stairway Injury

When you are injured on someone else’s property, you may have grounds to file a claim for compensation against the owner. In some cases, you may need to sue a separate entity that’s in charge of day-to-day operations of the building, vacation home, etc., like a property management company.

To file a lawsuit with the civil court system, you must establish:

• The property had a dangerous condition on site, like a staircase with a cracked step
• You suffered an injury as a direct result of the hazard, which the owner failed to take of or warn people about (putting up a clear and visible sign, for example)
• The harm you suffered resulted in monetary losses, like cost of medical treatments and lost wages.

These are the basis elements that you will need to prove, but there is much more to accomplish before you can go ahead with a premises liability claim for accidents while working as a delivery driver. For more information on suing for injuries from a stairway accident, reach out to us at your earliest convenience.

How Much Time Do I have to File a Workers’ Compensation Claim?

If you are eligible for workers’ comp, you have 1 year to file a claim from whenever the accident occurred. Before you can file a claim, you must report the incident to your employer within 30 days, so that is another deadline you must be mindful of. Failure to meet either of these deadlines will compromise your right to lost income, coverage for medical treatments, and other benefits.

Statute of Limitations for a Civil Lawsuit

With a personal injury claim, you have a longer period of time to file a lawsuit – 2 years, starting from the date of the accident. But the deadline is shorter if the owner of the property is a public or government entity. If, for example, you fell down the stairs at a police station, you have 6 months from the date of being injured to file a claim against the city.

There may be other issues that can affect how long you have for a personal injury lawsuit, so call us right away and speak with a stairway accident injury lawyer.

The Personal Injury Lawyers of Kenmore

Our legal team is comprised of accident injury attorneys with decades of experience in premises liability claims. We are ready to educate you on your rights and legal options, 24 hours a day, 7 days a week.

If you decide to pursue an accident claim, we do not ask for payment upfront, as we operate under the Zero Fee Guarantee. To put it simply, we only get paid once your settlement check is released to you by the defendant. If you do not receive compensation from a workers’ comp claim or lawsuit against the property owner, you pay us $0 in legal fees.

Please contact us for a free consultation if you are ready to learn about your rights and legal options.