Stairway Injury while Making a Delivery – Can I Sue?

As we mentioned before, anyone can injure themselves on the steps, whether you work in an office building or a construction site. But it’s more likely that you will sustain a stairwell injury while doing deliveries versus most other jobs. That’s why most of our clients are people who fell down the steps while working for FedEx, Amazon, Grubhub, Postmates, Uber Eats, and many other companies that are based on making deliveries.

Immediate medical attention is essential for those who fall down the steps at work, since many of these injuries are classified as medical emergencies. Here are some examples of injuries that are associated with falling down the stairs:

• Broken bones
• Concussion from head trauma
• Neck or spinal cord injury
• Dislocation in the hip, shoulder, or knees
• Tendon and ligament tears
• Ruptured internal organs
• Broken or lost teeth
• Sprain in the ankle or wrist
• Tailbone fracture
• Permanent nerve damage
• Disfigurement caused by deep cuts and puncture wounds
• Complex regional pain syndrome (CRPS), also referred to as chronic pain

Depending on your employment classification and work contract, you may be eligible for monetary benefits through the workers’ compensation program. Though this is a state government program, but each employer obtains its own coverage from a private insurance company. So, if you are hurt while performing a work-related task, like making a delivery, the first thing you would do is to report the incident to your employer.

If you are covered under WC, your employer will provide you with the paperwork that needs to be filled out, and direct you to be a medical provider in order to verify what injuries you have. This is crucial to the claims process, and it must be done right away. Please note that if your injuries are severe, it’s fine to go to the emergency room first, and then reach out to your employer as soon as possible. You technically have 30 days to tell them about the injury, but it’s a good idea to do this immediately, so there are no disputes over how you hurt yourself.

Once you submit the forms and your claim is approved, you should start to receive payments within 1 to 2 weeks, though there are issues that can hold up a claim. Sometimes, the waiting period drags on and on, and the claimant is not getting a clear answer from the insurance company on why things are taking so long. At other times, it’s the employer that’s dragging their heels or disputing that you have a valid claim for a work-related injury. If there are problems that are keeping you from getting paid from a workplace injury claim, don’t hesitate to give us a call. We have a team of employment rights lawyers who are ready to fight for you and the compensation you deserve by law.

Delivery workers who are classified as independent contractors are typically ineligible for workers’ compensation. Many of these workers deliver restaurant orders, groceries, and other online shopping items for companies like Amazon, DoorDash, and Instacart.

Even if you do not qualify for WC, these companies generally have insurance policies to cover work-related accidents, though the exact terms will vary from one company to another. Thus, it can be quite challenging to figure out what the company will pay for and how much you can receive from a stairwell injury accident claim. To ensure that you receive every penny you are entitled to, contact the offices of DTLA Law Group. Aside from the company you work for, you may have the option of suing the property owner for their failure to maintain the steps in a reasonably safe condition. No matter the circumstance, our lawyers are here to guide you through process and ensure that justice is achieved for you and your loved ones.

Even if you are obtaining benefits from workers’ comp or private insurance coverage for work-related injuries, you may have grounds to sue the owner of the property where you fell down. According to the law of premises liability, a homeowner, business owner, apartment leasing company, etc., is responsible for maintaining the premises and ensuring that it’s free of hazards. That includes defects with steps and staircases, both indoors and outdoors.

As a delivery worker who got was hurt from a fall at work, you can sue the owner of the property for monetary damages, such as medical expenses, wages lost from your job, and pain and suffering. A California lawyer with experience in workplace accident claims can help you file a lawsuit and ensure that you are properly compensated for your harm and suffering.

If you are eligible for workers’ compensation, here are the deadlines you will need to be mindful of:

• 30 days to report the accident to your employer
• 1 year to file a claim with your employer’s workers’ comp insurance provider

If you miss either of these deadlines, you will be barred from seeking benefits for your medical treatments and lost wages. A lawyer experienced in workers’ compensation cases can walk you through the process step by step, so please give us a call at your earliest convenience.

If you need to file a lawsuit as opposed to a WC claim, the time limit may be 6 months or 2 years, depending on the entity you are suing. Most lawsuits have a deadline of 2 years, so this is how long you have starting from the incident date if you wish to sue for monetary damages. There is, however, a notable exception if the owner / operator of the property is a government entity. The process of suing the government begins with a liability claim, which must be filed within 6 months. There is virtually no way to obtain an extension if you are more than 6 months from the date of injury, so please seek help from a lawyer with experience in lawsuits against public entities, like city governments and public school districts.

The workplace injury lawyers of DTLA are here to fight for you and the compensation you deserve. Whether you need help with a workers’ compensation claim or a third party lawsuit against a negligent property owner, we have a legal expert who is ready to speak with you.

Since all of our attorneys work on contingency, there is no out of pocket cost to you if you want to hire us. Attorney’s fees are recovered at the end of your case when you receive payment from a successful WC claim or premises liability lawsuit. We also have a Zero Fee Guarantee policy, so you pay $0 if we don’t win your lawsuit.

For a free case evaluation with a defective steps injury lawyer, reach out to us here at our law firm.

Other Pages on Our Website Related to This Topic
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Elevator Company Failure to Maintain Elevator Injury Cases