Bicycle couriers have an inherently dangerous job, delivering and picking up messages across a busy city. Everyday countless courier bicycle accidents occur throughout the State of California. In many cases injured parties are not aware of their rights. Many feel that they are not permitted to file a claim since they were working at the time of the accident. Serious injuries can result from bicycle accidents including brain injuries, spinal cord damage, nerve damage, and permanent scarring. If you were injured, you have a right to seek compensation for injuries in a bicycle accident. Read the following article to learn more about your rights. And feel free to contact our Law Firm if you have any further legal questions. All consultations are free of charge and handled by one of our personal injury attorneys.
If you were injured during the course of your employment, a worker’s compensation claim will be filed by your employer. However, you will be able to pursue an independent cause of action against as well discussed under 3rd party liability. Employers will be liable for the injuries sustained by employees during the normal course of business. This is often referred to as vicarious liability. Employers will be vicariously liable for the injuries sustained and caused by their employees during the normal course of business. Under workers compensation laws an employer is required to carry workers compensation insurance for employees. This will permit an injured employee to file a claim for work related injuries, so long as they occurred while performing work duties. if you were making a delivery and were struck by a vehicle, this would be considered a work-related injury. However, injuries that occur outside the scope of your work are not covered under workers compensation benefits. Although, this does not prevent your ability to pursue a claim for the party responsible for your injuries.
What is 3rd party liability? This is liability for the party who caused the accident i.e., the driver of the automobile. A third party will be liable when they are responsible for your injuries. If you were hit by a automobile or truck you would be permitted to file suit for damages sustained. This is a separate claim then a worker’s compensation claim. Filing a claim against a 3rd party is not relevant to your workers compensation claim. However, if you obtain a worker’s compensation settlement and personal injury settlement, a subrogation claim may be filed. Subrogation claims seek to reimburse the workers compensation claim and to avoid double compensation. So why would you file a personal injury lawsuit if you already received compensation from a worker’s compensation claim? Because workers compensation is known to give you substantially less than what your claim is worth. In workers compensation claims you are not permitted to recover for pain and suffering. This is often the largest part of any settlement awarded. Instead, they focus entirely on medicals.
Courier injuries can be serious, here is a list of some of the injuries which can occur from impact.
If you have been hurt, seek immediate medical attention for your injuries.
What are the different forms of compensation after a bicycle accident? Here is a list of the different types of compensation and recovery after your injury. Recovery is fact specific, make sure to speak with an attorney regarding your injuries to get a better understanding of your rights.
What if you are an independent contractor? This may have some influence on your workers compensation benefits, but not on a personal injury claim. In fact, it makes little to no difference whether you are an independent contractor, if you are pursuing a personal injury claim against a third party. A claim will be filed against the party responsible, this is generally an automobile driver, so whether or not you are an independent contractor it will make little to no difference. However, this may make a difference with regards to a potential workers compensation claim. In order to determine whether you can pursue a claim if you are independent contractor we would need to evaluate all the facts to get a better understanding. Steps After My Accident: Which steps you take after an accident are important. Here, is a list of the 5 important steps to take after a bicycle accident.
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