Slip and Fall on Ice While Making Deliveries at an Apartment Complex
If you work as a delivery driver, you may have developed a work routine that makes every minute count. A slip and fall injury while making a delivery can disrupt not only your schedule for that day but for many weeks and months to come.
When you’re injured in a slip and fall while making deliveries, you may have questions about workers’ compensation for your injuries. You may also wonder if there’s anything you can do to hold the apartment complex responsible for the harm you have suffered.
If this sounds familiar, talk to the team at the Law Office of Jason M. Hatfield today.
What if I Was Injured While Making a Delivery?
If you’re injured while making a delivery as part of your job, you may qualify for workers’ compensation benefits through your employer. You may also be able to file a personal injury claim to seek compensation for your injuries and related losses.
You may have heard your employer, a workers’ compensation insurer, or another party give you reasons that you can’t recover compensation. Two commonly-cited rules are the “open and obvious” rule and the “going and coming” rule. Neither rule applies in 100 percent of cases, however. Don’t assume you have no case: Talk to an experienced attorney first.
What is the Open and Obvious Rule in Arkansas Mean?
In Arkansas, a person injured due to a dangerous condition on a property, such as an icy walkway, may not be able to recover damages for their injury if the condition is “open and obvious.” If you could easily see and avoid the condition, you may not have a claim.
There are several exceptions to the “open and obvious” rule, however. For instance, a property owner may still be liable if they knew or could have known the condition would pose a danger, even if the condition was obvious.
Often, courts decide on a case-by-case basis whether or not the “open and obvious” rule applies. To know whether you can recover, you need to know whether the rule might apply in your specific situation – which means you need to consult an experienced lawyer.
How is the Going and Coming Rule Different Than the Open and Obvious Rule?
The “going and coming” rule applies to workers’ compensation claims. Generally, the rule prevents a worker from winning their workers’ comp claim if they were coming to work or leaving work when they were injured.
Like the “open and obvious” rule, courts often decide whether the “going and coming” rule applies based on the facts of each case. Questions like whether you were performing work duties, moving work-related materials, or doing work that didn’t allow you to avoid a hazardous condition like ice all factor into the decision. An experienced attorney can help you understand how the rule might apply – or not – in your situation.
Common Types of Slip and Fall Injuries That Will Require Medical Treatments
Slip and fall injuries are among the most common types of work-related injuries. Slips on ice, snow, and other weather-related conditions can cause serious injuries.
Broken Bones
A slip and fall can cause one or more broken bones. Some broken bones require surgery to repair the damage to the bone. During surgery, a physician may place rods, screws, or other hardware into your bones to hold them in place as they heal. Some hardware requires additional surgeries to remove; other hardware must stay in place for the rest of your life. Lingering problems with pain and movement, as well as scarring, can result.
Head, Neck, and Back Injuries
Injuries to the brain and spinal cord are among the most expensive and difficult injury types to treat. Even if the brain or spinal cord isn’t damaged, however, injuries to the head, neck and back can be severe. They may include fractured bones, damaged spinal discs, sprains, strains, and nerve damage. These injuries can also require one or more surgeries to treat, and the effects can be long-lasting or permanent.
Soft Tissue Injuries
Soft tissue injuries in a slip and fall may range from mild bruising to severe damage to skin, muscles, nerves, or bodily organs. Often, these injuries require medical intervention to help them heal and to prevent damage from becoming worse.
Discuss Your Delivery Driver Slip and Fall on Ice Injury With a Fort Smith Personal Injury Attorney
Were you injured in a slip and fall while making deliveries at an apartment complex? If so, you don’t have to fight for compensation alone. Talk to the team at the Law Office of Jason M. Hatfield today. Our Fort Smith personal injury lawyers are dedicated to providing skilled representation to each of our clients. To learn more, call us today at (479) 361-3575 to schedule a free, confidential case review, or use our website’s chat function.