Lost Wages for Injured FedEx Workers
As a FedEx driver, you could sustain significant injuries while working, injuries that leave you unable to deliver packages and in need of time off work to heal. Work injuries may involve sprains, strains, contusions, broken bones, strained back, traumatic brain injury, spinal cord damage, and more. When your injuries leave you unable to work as a FedEx driver, you will lose wages, even as your medical bills may still be mounting. You may be anxious about how you’ll make a living, and how your family will survive, and you may wonder whether you’re permanently disabled. It’s important to ensure you obtain the best possible outcome with your workers’ compensation claim. You may be able to recover a percentage of your lost wages with the assistance of the Chicago workers’ compensation lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We have more than 60 years of experience fighting for workers.Claiming Lost Wages as an Injured FedEx Driver
Illinois law requires most employers to pay no-fault workers’ compensation benefits. FedEx should be insured for this purpose. You can secure part of your lost wages as disability benefits you’re owed through the workers’ compensation system.
Your average weekly wage, which can be figured out in several ways, will determine the amount of lost income you can recover. Typically, we can determine your average weekly wage by dividing by 52 what you actually earned with FedEx over a 52-week period. This figure is supposed to incorporate your overtime and bonuses from FedEx.
If you couldn’t work for a minimum of 5 days in weeks before you got hurt, our attorneys will divide your earnings by the actual number of weeks you worked with the lost time subtracted from it. If you worked for FedEx for fewer than 52 weeks (less than a year) before you were injured, your earnings will be divided by those number of weeks in which you were actually earning income. However a different way of calculating benefits is used when a job with FedEx is more casual.
Temporary total disability benefits, as well as permanent total disability benefits are calculated at a rate of 2/3 of your average weekly wage. The situation is more complex if you are partially disabled as a FedEx driver. Four different methods can be applied to figure out amount of your permanent partial disability benefits.Chicago Trial Attorneys for FedEx Drivers’ Lawsuits Against Third Parties
If you lost income because you were injured through the fault of another, such as a negligent driver, you may be able to obtain all of the wages you lost, plus noneconomic damages like pain and suffering by suing an at-fault third party. Unlike workers’ compensation benefits, a personal injury lawsuit would require us to prove another person or entity’s fault.
In the case of a negligent driver, we would need to prove: (1) the driver owed you a duty of reasonable care, (2) breach of that duty, (3) the breach caused your injuries, and (4) damages like lost wages. Drivers fail to abide by a duty of care owed to all with whom they share the road by speeding, tailgating, weaving, driving under the influence, driving while distracted or fatigued, and failing to obey traffic signs and signals.
When our attorneys can establish another driver’s liability, we may be able to recover compensatory damages on your behalf. These would include your full lost wages and out-of-pocket costs, not only 2/3 of your average weekly wage as with workers’ compensation, in addition to an array of other damages.Consult a Tenacious Workers’ Compensation Lawyer About Your Claim
As a FedEx driver, you face all kinds of hazards to do your job. When you’re injured and have lost wages because of a work-related injury, you should be able to collect workers’ compensation disability payments. Our Chicago workers’ compensation lawyers represent injured FedEx drivers in Aurora, Champaign, Rockford, Quincy, as well as Sangamon, Winnebago, Kane, Cook, and Adams Counties. We also represent workers in third party lawsuits and Social Security Disability Insurance (SSDI) claims. Call us at 312-263-6330 or 800-444-1525 or fill out our online form