Morristown Workers’ Compensation Attorneys – After a Slip and Fall Accident

Dedicated New Jersey Workers’ Compensation Law Firm Assists Clients in Obtaining Benefits After a Workplace Slip and Fall Accident

Slip and fall accidents are one of OSHA’s “Big Four” – the most common causes of workplace injury and death each year. If you slip and fall at work, you may be entitled to workers’ compensation benefits, no matter who or what caused your injuries. 

If you’re dealing with injuries from a slip and fall at work, reach out to the Todd J. Leonard Law Firm today. Our experienced New Jersey slip-and-fall workers’ compensation lawyers will help you understand your legal rights and take the next step.

Slip and Fall Accidents Across Industries

In 2022, over 5,485 people died in work accidents nationwide, according to the Bureau of Labor Statistics (BLS). Over 15 percent of these deaths, or 823 people, died in slip-and-fall accidents nationwide. In New Jersey, the percentage of workplace deaths from slip and fall accidents was even higher. 

Fatal accidents were most likely to occur in transportation, warehousing, construction, specialty trade contractors, and administrative jobs. Waste management and remediation services also saw higher numbers of workplace deaths than other industries. 

Not all workplace injuries claim lives. In 2022, New Jersey reported 69,200 workplace injuries to the BLS. These included 45,600 workers who needed to take time off work or were reassigned to lighter duties while their injuries healed. 

Trade, transportation, and utilities saw the highest rate of non-fatal injuries in 2022. Leisure and hospitality workers, natural resources and mining, construction and manufacturing also posted high rates of non-fatal work injuries – over 2 cases per 100 full time workers. 

Delivery drivers face a particularly high risk of slip and fall injuries. A 2023 study found that delivery drivers ranked third of 274 industries for slip and fall injuries. Among delivery drivers, 28.9 percent of all job-related injuries were slips, trips, and falls – the second highest category after injuries from lifting items (55.4 percent). 

While drivers worry about what happens behind the wheel, their injury risk is highest elsewhere. Ninety percent of delivery drivers’ injuries occur outside the vehicle. These include thousands of slip and fall injuries each year. 

Top risks that can lead to slips, trips, and falls for delivery drivers include:

• Unsafe surfaces around the vehicle, including uneven surfaces, broken surface coverings, low visibility, and spills or other slippery substances, or debris on surfaces. 
• Drivers rushing, due to a company culture that pressures drivers to work quickly, and incentivizes them to take unnecessary risks. 
• Navigating unfamiliar delivery spaces, or spaces that are cluttered, such as loading docks. 

Delivery Driver Slip and Fall Accidents – UPS, DHL, Amazon and FedEx

Delivery drivers for companies like UPS, FedEx, Amazon and DHL, and similar carriers face a number of slip-and-fall risks. These include walkways that have unsafe conditions, including those that are slippery, cracked or otherwise defective, or do not provide proper lighting. In this example, workers may be entitled to both a workers’ compensation claim and a third-party claim against the property owner of the walkway.  

An employee of a delivery company like UPS, DHL, Amazon or FedEx may seek workers’ compensation benefits should they sustain an injury from a slip and fall accident during a delivery. Report your injury to your supervisor, or other manager, as soon as possible. In an emergency, contact 911 to seek immediate medical attention. Your supervisor will advise you on a list of approved, authorized doctors who can treat your injuries. 

Delivery drivers may also pursue third-party claims, and may therefore be entitled to both a workers’ compensation claim and a third-party claim. For example, a delivery driver may slip and fall because a business receiving a delivery left a spill on the floor and didn’t clean it up or warn visitors about it. Broken stairs, uneven walkways, icy steps, burned-out lightbulbs leaving an area in darkness, and other hazards are also the responsibility of a property owner, who must either fix them or warn visitors. 

In these cases, a delivery driver may seek compensation from a third party in addition to filing for workers’ compensation benefits. An experienced New Jersey workplace slip-and-fall lawyer can help. 

Morristown App Delivery Driver Slip and Fall Accidents – DoorDash, Instacart, UberEATS, Grubhub

Delivery drivers for popular apps like Instacart and DoorDash perform many of the same tasks as professional delivery drivers. They also face similar hazards, including the risk of a slip, trip, or fall causing an injury. 

However, app delivery drivers typically are not employed by the company for which they deliver. Instead, these drivers work as independent contractors. 

Because they are not employees, app delivery drivers typically aren’t covered by workers’ compensation benefits in New Jersey – even if they’re delivering for an app when they are injured. These workers do, however, have an option to seek compensation from a third party for their injuries.

In New Jersey, property owners are responsible for warning visitors about hazards, especially if they know the visitor is coming to drop off groceries or takeout. A property owner who creates an unsafe condition, such as a slip or trip hazard, or who doesn’t warn visitors about it (e.g., a caution sign) may be liable for a visitor’s injuries in a slip and fall accident.

The New Jersey Supreme Court states the common law duty of care required for invitees by stating they have “a duty of reasonable care to guard against any dangerous conditions on his or her property that the owner either knows about or should have discovered.

If you’ve been injured in a slip, trip, or fall while delivering for an app, seek medical attention for your injuries as soon as possible. Speak to an experienced New Jersey slip and fall delivery lawyer to learn more. 

Types of Workers’ Compensation Benefits Available After a Slip and Fall Accident

In New Jersey, workers’ compensation benefits may include:

Medical benefits. These benefits cover “necessary and reasonable” medical treatment, prescriptions, and hospitalizations related to your workplace injury. Workers’ compensation insurance pays these bills directly. If your employer is self-insured, the employer pays the bills. 

In exchange for paying these benefits, the insurer or employer may choose which doctors an injured worker can see. In an emergency, an injured employee can receive medical treatment from any qualified doctor or hospital. 

Temporary total disability benefits. If your injury keeps you off the job for more than seven days, you may be eligible for temporary total disability (TTD) benefits. These benefits pay 70 percent of your average weekly wage but not more than 75 percent or less than 20 percent of the statewide average weekly wage. These benefits persist as long as you are unable to work and receive active medical care. They end when you return to work or reach maximum medical improvement. 

Permanent partial disability benefits. Permanent partial disability (PPD) benefits are paid if your injuries cause the loss of the use or function of one or more body parts or systems. Calculating these benefits depends on the extent of the loss of use or function of a body part. An attorney can help you determine what amount is due. 

Permanent total disability benefits. If your injury prevents you from ever returning to work, or if you’ve suffered certain catastrophic injuries, you may be eligible for permanent total disability (PTD) benefits. These benefits may be provided for 450 weeks initially and continued for 450 weeks. 

Death benefits. If a worker’s injuries cause death, the family may seek death benefits to help with the costs of the funeral, burial, and related losses. They can also receive weekly benefits payments of 70 percent of the deceased family member’s average weekly wage. 

Time Limits on Workers’ Compensation Claims

Notify your employer as soon as possible if you are injured. The sooner your employer knows about the injury, the sooner the workers’ compensation process begins. 

In all workers’ compensation cases, a formal claim petition must be filed within two years of the date of injury or the last date on which you were paid compensation, whichever is later. If you have a dispute with your employer or their insurer, speak to an experienced attorney promptly. Missing this two-year deadline means you cannot file a claim petition to pursue your case. 

Similarly, any third-party claim must be filed within two years of the date of your injury. An attorney can help you determine if you have a third-party claim and meet this deadline. 

Talk to an Experienced Morristown Workers’ Compensation Attorney Today!

A slip, trip, or fall down accident can cause serious injuries. After a slip, trip, or fall during your delivery route, your life may be turned upside-down. Instead of your daily routine, you may now endure a whirlwind of doctors’ appointments, and face medical bills, rising expenses, and difficulty in making enough money to meet these demands. You may wonder if you’ll ever return to your past hobbies or fear you won’t be able to support your loved ones the way you once did. 

Whether it be through a workers’ comp claim and/or a third-party personal injury case, our worker’s compensation and personal injury lawyers will help you navigate the complexities of the process, so you can focus on your recovery. We have recovered over $100 million for our clients and can effectively negotiate on your behalf with even the largest insurance companies. We have successfully served thousands of clients throughout New Jersey.  To learn more about how we can help you pursue a workers’ compensation claim, give us a call today at (973) 920-7900 to request a free and confidential consultation. You can also connect with us through our online form. There is never a fee unless we win. We have two conveniently located offices in Denville and Morristown, New Jersey.