Whose liability is it, anyway?

In Workers' Compensation by John Kemenczy

If you’re a truck driver in New Jersey and are involved in an accident while loading or unloading your truck, understanding your rights when making a claim can feel overwhelming. That’s where we come in.

Here are several things you should know:

  1. Report the incident and injury immediately to your supervisor and the facility where the accident occurs.
  2. Use your cellphone to take photos of any damage or injury.
  3. Call the police if necessary — you might have to do that yourself. Don’t let anyone bully you into not calling the police.
  4. Keep a copy of the incident report/police report for yourself. If the supervisor or the warehouse facility doesn’t provide an accident report form, write down what happened (keep a pen and notebook in your truck at all times, just in case). You can even use e-mail to record the incident, and your cellphone to take a photo of the accident/incident report for your records.
  5. Do not refuse medical treatment offered at the time of an accident, and don’t let anyone keep you from getting medical attention if you need it, including a trip to the emergency room.
  6. You may have multiple claims, including workers’ compensation, personal injury against the facility, products liability, and other such claims. Your attorney can represent you against the employer, warehouse facility and/or forklift manufacturer on your behalf.

We hope you stay safe and uninjured, but if something happens in the course of your work, contact our office. We’re here to help.

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