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Initial Claims for Injured UPS Drivers

Workers’ Compensation Lawyers Serving Chicago

The United Parcel Service (UPS) is widely used to deliver parcels in Illinois and other states. If you’re injured while working as a UPS driver and have established an employment relationship with UPS, you may be able to bring a workers’ compensation claim for benefits. Initial claims for injured UPS drivers in Chicago are not always accepted. Sometimes certain benefits to which you’re entitled are paid, while others are not. It can be helpful to have a seasoned Chicago workers’ compensation attorney advocating on your behalf. Katz Friedman, Eisenstein, Johnson, Bareck & Bertuca may be able to represent you.

UPS Driver Injuries

Injuries sustained by UPS drivers can include back strains, herniated disks, rotator cuff tears, ligament tears, broken bones, fractures, concussions, traumatic brain injuries, deep lacerations, amputations, crushed bones, spinal cord damage, and whiplash. If you are an employee of UPS, you may be entitled to workers’ compensation benefits if you’re injured on the job. If you sustained injuries as a result of another’s negligence or misconduct in a vehicle accident, you may be able to bring a personal injury lawsuit for damages as well.

Illinois Workers’ Compensation System

In Illinois, all employers in the state are supposed to obtain workers’ compensation insurance. The workers’ compensation system is a no-fault system. This means that you don’t need to show your employer’s negligence to recover benefits. Rather, you simply need to show you were injured on the job or in the course of your work.

Initial Claims for Injured UPS Drivers

You should notify your employer of your injury within 45 days of getting hurt. Although you have a full 45 days, it is wise to let your employer know right away so that its insurer doesn’t become skeptical about where you sustained your injuries.

Technically, you can give oral or written notice, but it’s wise to give the notice in writing so that you have evidence about what you told your employer and the date you gave the notice. The writing should include the date, time, and details of the work accident that resulted in your injuries. For example, if you were T-boned in an intersection accident with a drunk commercial truck driver, you should specify the date and time of the accident and briefly describe the accident including at what intersection it occurred. A knowledgeable work injury lawyer can help you make sure you include all of the appropriate details in your notice to your employer.

Hearing

Although you don’t need to file an Application for Adjustment of Claim if the insurer immediately starts paying benefits, you may wish to get an Application on file in case the insurer stops paying benefits. Once your Application for Adjustment of Claim is filed, you’ll be sent a Notice of Hearing. It will specify which arbitrator was assigned to your case and the date of a first status call. Status calls occur every 3 months for three years. After three years, the case will need to go to trial or be dismissed, unless you can show that it should stay open.

Third Party Lawsuits

If you were injured in an accident with another vehicle and believe the other driver caused or contributed to the accident, you may be able to file a third party lawsuit against the other driver to recover damages. Most often, damages in a vehicle accident case are pursued under a theory of negligence. You’ll need to show it’s more likely than not the other driver owed you a duty of care and breached the duty of care, thereby causing your injuries and damages. Your damages can be reduced by your percentage of fault for the accident.

Workers’ Compensation Attorneys for Chicago Area Residents

If you’re worried about an initial claim as an injured UPS driver in Chicago, you can talk to the compassionate workers’ compensation lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We can provide tenacious legal representation to injured workers in Rockford, Aurora, Quincy, and Champaign, and across Kane, Cook, Sangamon, Adams, and Winnebago Counties. Contact us at 312-263-6330 or 800-444-1525, or through our online form.