UPS Workers’ Compensation

UPS workers provide an essential service that keeps our economy running — ensuring that packages get where they need to go quickly and efficiently. But the logistics industry can take a toll on its employees, and stress and long hours on the job often result in physical injuries. And given that most logistics work is physically demanding, a workplace accident or injury can put UPS workers out of work for a long time. Luckily, workers’ compensation benefits are generally available to UPS workers, and you can maximize your chances of receiving them by working with a UPS workers’ compensation attorney.

Common Accidents and Injuries Among UPS Workers

While logistics is not one of the top most dangerous industries, the number and rate of nonfatal work injuries and illnesses in logistics is higher than the national average, according to the Bureau of Labor Statistics. More specifically, the incidence rate in the logistics industry in New York is higher than the incidence rate in the logistics industry nationwide.

UPS workers in New York City and Long Island face a variety of accident risks, including:

• Vehicle accidents
• Slips and falls
• Sprained and torn muscles
• Repetitive motion injuries
• Falling objects
• Toxic exposure
• Machine injuries

Some of these accidents can result in serious and catastrophic injuries, which can lead to hefty medical bills and extended absences from work. If that’s what you are facing after a UPS-related accident, you should consider speaking to a UPS workers’ compensation attorney.

Benefits Available Through Workers’ Compensation

New York workers’ compensation benefits come in three varieties: cash benefits, medical benefits, and death benefits.

Cash Benefits

Cash benefits are intended to make up for a portion of your wages while you are off the job recovering from your injuries. Generally, benefits are payable according to the formula below:

⅔ x average weekly wage x % of disability = weekly benefit

So, for example, let’s say your average weekly wage before your accident was $800, and you are 60% disabled. Your weekly benefit would be about $320. While cash benefits are not a total replacement for your wages, they can constitute a critical lifeline.

Medical Benefits

Workers’ compensation pays for the full cost of necessary medical care to get you back on the job. That includes emergency treatment, surgery, anesthesia, follow-up visits, physical and occupational therapy, prescription medications, and medical devices (e.g., canes or wheelchairs). The primary caveat is that your medical care must be through a provider who is approved by the New York State Workers’ Compensation Board.

Death Benefits

Death benefits, also known as survivor benefits, are available in the event that you do not survive your injuries and are payable to your surviving spouse and/or minor children. The amount they receive is equal to two-thirds of your average weekly wage for the 52 weeks prior to the accident. Funeral costs are also covered up to $12,500 in New York City and Long Island.

How to Start a Workers’ Compensation Claim

The first step in the workers’ compensation claim process is to receive medical attention for your injuries. While that may seem like a minor or obvious detail, it’s actually incredibly important, as immediate medical attention creates the foundation of the medical records you will need to support your claim. The second step is to report your injury to UPS as soon as possible — ideally immediately after the accident or after you receive medical attention, but in no case later than 30 days. After that, you will file your official employee claim with the Workers’ Compensation Board.

Which Workers Qualify for Benefits?

The overwhelming majority of private-sector employers in New York are required to carry workers’ compensation insurance for their employees — including UPS. That means that virtually all of UPS’ employees qualify, including:

• Delivery drivers
• Tractor-trailer drivers
• Warehouse workers and loaders
• Maintenance and facilities staff

Keep in mind, however, that workers’ compensation covers employees — not independent contractors. If you have questions about whether you qualify for workers’ compensation in New York City or Long Island, please speak to a UPS workers’ compensation attorney.

FAQs

Do I Have to Hire a Lawyer to Handle My Claim?

No, it is not legally necessary to hire an attorney to handle your claim. However, you should strongly consider doing so nonetheless, as the New York workers’ compensation claims process is filled with pitfalls for the unwary, and a significant misstep can potentially sink your claim. That’s why it’s always a good idea to work with a UPS workers’ compensation attorney if you have suffered an on-the-job injury.

What if I’m Only a Part-Time or Seasonal Employee?

UPS is well-known for hiring seasonal and part-time employees during particularly busy periods. The good news is that workers’ compensation covers all employees — seasonal, part-time, temporary, casual, leased, and borrowed. However, it generally does not cover independent contractors, so make sure you understand the nature of your employment relationship with UPS prior to starting work.

What Happens if My Claim Is Denied?

Workers’ compensation claims are frequently denied or challenged by employers. But don’t worry; an initial denial is not the end of the line. If your initial claim is denied, you may request a hearing before a workers’ compensation law judge who will hear testimony and evaluate your medical and employment records. If the judge denies your claim, you may then appeal the denial to a three-member panel of the New York State Workers’ Compensation Board.

Can I Sue UPS for My Injury?

Short answer: No. Longer answer: Employees who qualify for workers’ compensation generally cannot sue their employers for their injuries, even if their employers were arguably at fault. However, if a third party was responsible for your accident — say, a distracted driver who slams into your UPS truck — you may be able to pursue a third-party claim against them in addition to seeking workers’ compensation benefits.

Get Back on the Road with Help from a UPS Workers’ Compensation Attorney

If you’re a UPS worker who has suffered an accident or injury on the job, you may be eligible for workers’ compensation benefits. To find out more, speak to a UPS workers’ compensation attorney at Turley, Redmond & Rosasco by using our online form or by calling us at 516-745-5666.