Worker’s compensation is the right of every employee as it allows them to seek a financial reimbursement if they ever get injured while working. The same also applies to occupational illnesses that result from a risky work environment, such as COVID-19 infection, occupational cancer, and so on. However, there is one thing in common with all these scenarios – they happen inside a workplace, so this leads us to our question: is worker’s compensation restricted to the damages sustained by workers inside their workplace?
Workers can be away from their offices and workplaces, i.e. delivery workers are constantly on the move, the same can be said for employees offering door-to-door service to their customers. What if these people were to be injured while on their job, but not inside the designated workplace? This is what we aim to answer in this article, so sit tight to find out your legal options in this regard.
Just a friendly heads-up, the discussion is quite general here, for more specific advice, since all cases are unique, reach out to our worker’s compensation attorneys without hesitation.
How Does Worker’s Compensation Usually Work?
Worker’s compensation is not meant only for people who get injured within the confines of their offices and workspaces, it deals with all possible injuries and illnesses that result due to the work. Be it overexertion, repetitive movements, inhumane hours, unsafe work environments, lack of adequate safety training, or the absence of any protective gear where a threat was imminent, worker’s compensation deals with all sorts of work-related injuries borne out of negligence on part of the management or the employer.
When a worker is injured or suffers damages, otherwise, they’ll have to prove that the said losses resulted due to the lack of attentiveness of the workplace management or the employer. In other words, they’ll have to establish negligence, this can be done in light of the evidence they collect immediately after such an incident. Following this, the injured worker must file a report with their company, detailing how the incident happened, and then they should seek medical attention. All this while, they should keep a track of their financial losses in the form of bills and other expenses.
The company, after its initial evaluation, will refer the case to their insurance provider, and the injured party will have to negotiate a settlement with them. Things rarely go as far as a lawsuit, but that option is also available if settlement negotiations don’t work.
Can You Get Worker’s Compensation for Injuries Outside the Workplace?
In short: yes, delivery workers are covered by worker’s compensation, however, there are some technicalities.
First, you’ll have to prove that the injury was work-related and happened during the duty hours (gather evidence of the incident at the spot). Next, you’ll have to tie the damages with the negligence of the employer so you can be compensated for your losses. It would be best to discuss the case with your lawyer to see what your legal options are in this regard.
In some cases, workers may sustain an injury but not due to their employer’s negligence. Other things can factor in as well, for instance, your injuries may result from premises liability, animal attack, car accident, and so on. In such cases, you must identify the liable parties and sue them for the damages.
Make sure you explore the company’s policy about such incidents as well before you proceed.
Dealing With a Work Injury Claim As a Delivery Worker
As a delivery worker, you can get injured in several different scenarios, and the nature of the accident will decide who is liable for your damages. Presuming that you were damaged because of the negligence of your employer, i.e. there was some issue with the company vehicle, or the packages were too heavy, or there was a lack of safety training, or you did not have the required equipment, you can demand compensation from your company.
How to do so:
- Be sure to record evidence on the spot
- Not down the damages sustained
- Inform your employer
- Seek medical attention
- Document your losses
- Seek legal consultation
- Settle for compensation
1Georgia Worker’s Compensation Lawyers Are Here to Help
The worker’s compensation lawyers at 1Georgia are proudly serving victims throughout Georgia and surrounding areas. We have years of experience and professional excellence to back us up in our quest to deliver justice to all those who need it.
If you feel lost and unsure about how to deal with your case, you know who to turn to – and don’t worry, no obligations following the free initial consultation session.