If you are a bike messenger (also known as a bike or cycle courier)
involved in an accident, then you may not be getting all the money you deserve.
When determining how an injured messenger will be compensated, there are
three important questions an attorney should ask: (1) did the injury arise in
the course of employment; (2) is the injury related to that employment; and (3)
who caused the injury?
Questions (1) and (2) -
If the first two questions can be answered in the positive, then the
messenger is entitled to workers' compensation benefits under Pennslyvania’s
Workers’ Compensation Act (77 P. S. §§ 1—1603). See also Krawchuk
v. Phila. Elec. Co., 439 A.2d 627 (1981). A large factor in determining the
answer to questions (1) and (2) is the accident location. Generally,
these two questions can be answered in the positive if the messenger was
injured at the workplace, on the way to a delivery, during the course of a
delivery, or on the way back to the workplace from a delivery.
Workers' compensation benefits include:
1.
Payment
for lost wages;
2.
Death
benefits for surviving dependents;
3.
Specific
loss benefits (awards for the permanent loss of all or part of your thumb,
finger, hand, arm, leg, foot, toe, sight, hearing or a serious and permanent
disfigurement on your head, face or neck);
4.
Medical
care;
5.
Total
disability benefits; and
6.
Partial
disability benefits.
There are strict procedural requirements that must be met before a
messenger/employee can recover these types of benefits. For example, employees
most promptly report their injury to their employer or supervisor. If
you think you are entitled to workers compensation benefits, then you should
consult with an attorney at PHILLY BIKE LAWYER. You can
also review this brochure from the Pennsylvania Department
of Labor & Industry.
Question (3) - Damages ($$$)
A bike messenger involved in an accident may also be entitled to
damages, such as compensation for pain and suffering. The key issue here is determining who caused the messenger’s injuries. Here are some possible answers and
results:
1. The employer or a
coworker caused the injury. In this case, the messenger is generally
limited to the above-mentioned workers compensation benefits.
a. However, a
messenger may be entitled to damages from the employee and/or coworker under
the following circumstances:
i. If the
injury-producing conduct was intentional;
ii. If the injury was
caused by an employer or coworker’s violation of the law including, but not
limited to, the illegal use of drugs;
iii. If the injury was
caused by an intoxicated employer or coworker;
iv. If the injury
occurred outside the course of employment; and
v. If the injury is
unrelated to employment.
2. The messenger’s
own actions caused the injury. If the injury is self-inflicted, then the
messenger cannot recover workers compensation benefits or damages.
3. A third-party
caused the injury. If the injury was the result of a third-party’s negligence, then
the messenger is likely entitled to damages from that third-party.
a. Here are some
typical examples:
i. The messenger was
hit by a negligent driver;
ii. The messenger was
injured by a defect in the roadway;
iii. The messenger was
injured by a defective bicycle or other product;
iv. The messenger was
injured by the negligent actions of a pedestrian;
v. The messenger was
injured by the negligent actions of another bicyclist;
If you believe you are entitled to damages from a third-party then you
should consult with an attorney at PHILLY BIKE LAWYER.
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