Frequently Asked Questions

Q:  While delivering a package to a residence, I was bitten by the homeowner’s dog. What are my rights?

A:  Since you were bitten while on the job, you are eligible for Workers’ Compensation benefits. These benefits are usually paid without questioning who is at fault. However, in some instances a third party—in your case, the owner of the dog—may have some fault in the injury. In such instances, you could file a civil lawsuit against the party—not your employer—to recoup damages.

You might want to consider contacting a law firm that handles Workers’ Compensation claims and Personal Injury (third-party) cases. That way the attorneys can provide you more effective representation.

Q:  I suffer from chronic back and neck pain. It has become so bad that sometimes it’s all I can think about. Some of the packages I have to lift weigh up to 150 pounds. What can I do?

A: You may be suffering from what the Occupational Safety and Health Association refers to as a musculoskeletal disorder (MSD). Often times MSDs, which are disorders of the muscles, nerves, tendons, ligaments, joints, cartilage or spinal discs are related to repetitive motions. Lifting, pushing or pulling can stress the body’s tissues. Constant exposure to this type of stress interferes with the body’s ability to recover, and often leads to an MSD.

Injuries caused by lifting or moving heavy objects as well as those developing from repetitive physical trauma are covered by Workers’ Compensation. You are entitled to medical care to cure or relieve the effects of a work-related injury. Contact a Workers’ Compensation attorney for experienced guidance regarding your medical treatment and evaluation and how to ensure you receive all of the benefits to which you are entitled.

Q:  Does working outdoors increase my chance of developing skin cancer? Any suggestions on what I should do? Because I drive a truck all day (with very little side protection), my left arm and leg (if I’m wearing shorts) are particularly exposed.
A: Ultraviolet (UV) light exposure, most commonly from sunlight, is the most common cause of skin cancer. UV rays are most intense between 10 a.m. and 4 p.m. Employees who work outside, even with protective clothing and sunscreen, have a greater chance of developing the three main types of skin cancer: basal cell carcinoma, squamous cell carcinoma and malignant melanoma.
 
In many cases, the current Permanent Disability rating schedule allows for a permanent impairment and disability rating for skin cancer. The 2005 rules also allow for a monetary recovery, even after successful treatment. Most importantly, a finding that the cancer was work-related can result in a lifetime medical award to care for this condition, too.
 
Consult your physician if you are concerned about a link between your job and skin cancer. You should also consider consulting an attorney about a possible Workers' Compensation case.

Q:  Earlier this week while I was driving my usual route and about to finish my shift for the day, a car ran a red light and t-boned me. At the time, I thought I was okay. I reported the accident to the police as well as my supervisor. But now I’m beginning to have headaches and a stiff neck. What should I do?
A:  Since you were involved in an automobile accident during the course of your work, you are entitled to Workers’ Compensation benefits. Your symptoms are similar to those of whiplash, but only a physician can diagnose the problem definitively. You say you have advised your supervisor when you thought you were not injured. Now that symptoms have developed, advise your supervisor and complete an “Employee’s Claim for Workers’ Compensation Benefits” form. Your employer must provide medical care within 24 hours, either through a physician you have already designated or one who is a member of your employer’s Medical Provider Network.

In addition, since your injury was caused by a third party—someone other than your employer—you can file a personal injury claim against the driver whose car struck you.
Having experienced legal representation is key to obtaining your full rights from a Workers’ Compensation and a Personal Injury standpoint.

Q: My shift supervisor is constantly reminding all the drivers about the daily “delivery quota.” This is stressing me out to the point where I can hardly sleep and I find that I’m getting angry about the littlest things. Is this common?
A:  Unfortunately, workplace stress is so common that there’s a definition for it. The National Institute for Occupational Safety and Health defines it as the harmful physical and emotional response that occurs when there is a poor match between job demands and the capabilities, resources or needs of the worker.

While many variables must be taken into consideration when it comes to workplace stress, such as an individual’s personality and coping skills, certain working conditions—such as excessive workload demands—have been proven to be stressful to most people.
The symptoms you describe are among the many associated with workplace stress. As stipulated by law, with psychiatric injuries due to stress you must—with few exceptions—prove your job as the “predominant” cause of the injury. Legal representation may be your best bet in pinpointing the cause of your injury.

Q:  Delivering packages during the summer is brutal. Even though I drink plenty of water, I often feel dizzy and nauseous. Should I report this to my supervisor?
A: You may be experiencing heat exhaustion. People who exert a great deal of energy in hot or humid conditions are particularly at risk. You may be drinking enough water, but other things, such as certain medications, can interfere with your body’s ability to cool itself.
You should report this problem to your supervisor. If heat exhaustion is untreated, it can progress to heat stroke, which can be deadly.

Q: My shipping job often requires me to handle packages containing hazardous materials. Doesn’t this require some type of special training?
A: The Department of Transportation (DOT) requires that every “Hazardous Materials Employee” receives hazardous materials training. In addition, DOT and the International Air Transport Association have strict regulations mandating the training schedules for existing employees who handle such materials as well as for those new to the job. Don’t wait until an accident happens. If you have been injured due to exposure to hazardous materials, you may be eligible for Workers’ Compensation benefits. Advise your supervisor and complete an “Employee’s Claim for Workers’ Compensation Benefits” form. Your employer must provide medical care within 24 hours, either through a physician you have already designated or one who is a member of your employer’s Medical Provider Network.

Q: My supervisor often asks me to work off the clock; what should I do?
A: Explain to your supervisor that off-the-clock work is prohibited by law.

Q:  My manager keeps making unwelcome comments to me (usually of a sexual nature). I want to file a claim, but am afraid of losing my job. Are my fears warranted?

A:  It is illegal for your employer to retaliate against you for filing a Workers’ Compensation claim, stating that you’re going to file a claim or seeking all of the Workers’ Compensation benefits to which you are entitled.