FedEx Drivers With Broken Bones
FedEx drivers are on the road long hours and at risk of getting into an accident on a daily basis. One of the more common injuries sustained in truck accidents are broken bones. These breaks may be simple or complex. If you are a FedEx driver who suffered broken bones or fractures because of a work accident, you may be able to obtain benefits. You should call the seasoned Chicago workers’ compensation lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca about your claim. We have more than 60 years of experience protecting workers’ interests.Chicago Lawyers to Fight for Benefits for Broken Bones
Workers’ compensation benefits are no-fault benefits. They are the exclusive benefits you can obtain from your employer and its insurer after a work injury, and they can have a significant positive impact on your life after you break bones on the job and need medical care and time off work.
As an injured FedEx worker, medical benefits you may be able to recover for broken bones include:
- Emergency care immediately after an accident,
- Treatment for the broken bone,
- Physical therapy
- Other follow-up care.
Treatment may require the broken bone to be reset in place and immobilized in a cast or splint, but in some cases, it also requires the use of metal rods or surgery. When surgery is needed to reposition fragments of bone, surgeons may use rods, plates, and metal screws. Most broken bones do heal appropriately once stabilized, which means that a worker is only temporarily, rather than permanently, disabled as a result.
However, with broken bones, you may not be able to drive a FedEx truck for a period of time. If you’re completely unable to drive, you may be eligible for temporary total disability benefits. These are calculated at a rate of 66 2/3% of your average weekly wage, but subject to minimum and maximum limits. Importantly, the calculation of your average weekly wage can affect the amount of the disability payment, and insurers do not always calculate these accurately.
There are circumstances in which there are complications that adversely affect the way the bone heals. Similarly, when the pieces don’t come back together correctly, a permanent disability is suffered. If you have broken bones that don’t heal, he or she may not be able to work again as a Chicago FedEx truck driver and may need to go to vocational rehabilitation to get retrained for a different job.Filing a Third Party Lawsuit for Broken Bones
Workers’ compensation benefits are no-fault benefits. You do not have to prove anyone’s fault to recover benefits for a work-related injury like broken bones. Likewise, your boss can’t claim you were at fault and thereby get your benefits reduced. However, if your broken bones are the result of an accident involving another at-fault party, it is important to talk to a workers’ compensation lawyer who is also a trial attorney with a strong reputation. Our firm handles both types of claims and has a track record of success.
In many cases, a third party lawsuit needs to be pursued under a theory of negligence. This means that our Chicago attorneys would need to prove by a preponderance of the evidence: (1) the other party owed you a duty of care, (2) the other party breached the duty of care, (3) the breach caused your injuries, and (4) actual damages. Under the doctrine of comparative negligence, your recovery can be reduced by an amount proportionate to your degree of fault for the accident.Consult a Chicago Workers’ Compensation Law Firm About Your FedEx Driver Claim
We represent FedEx drivers who were injured in Aurora, Champaign, Rockford, Quincy, as well as Sangamon, Winnebago, Kane, Cook, and Adams Counties. Our Chicago attorneys are seasoned trial lawyers who can also represent you in a third party lawsuit or seek other relief, as appropriate. Call us at 312-263-6330 or 800-444-1525 or complete our online form.