Demand for food delivery in the U.S. skyrocketed during the pandemic, but continued to climb as restaurants reopened and people returned to business as usual. Between app delivery services like UberEats and DoorDash, direct delivery from restaurants and grocery delivery, the industry is worth hundreds of billions of dollars per year. And that doesn’t include the wide range of non-food deliveries from pharmacies, furniture stores and other retail outlets.
All that delivery makes life easier for consumers and keeps a lot of people working. But, it also means a lot of traffic on the road and a lot of people moving on and off of other people’s property. In some areas, delivery workers frequently travel by scooter, bicycle, or other means. That’s a lot of opportunity for drivers to get hurt.
With the complex mix of app drivers and employee drivers and the different types of possible accidents, it may be unclear who is responsible when a delivery driver gets hurt on the job. The best source of information about your rights after a delivery-related accident is an experienced Charleston personal injury lawyer. Here’s a general overview of the two most common types of delivery-related injuries and what types of compensation a driver may be entitled to.
Premises Liability for Delivery Drivers
One way a driver can get injured while making a delivery is due to some hazard on the recipient’s property. That could include a wide variety of risky conditions, including:
- Broken stairs or walkways
- Loose railings
- Debris on the porch or walkway creating a tripping hazard
- Poor lighting
- Slippery surfaces
- Being knocked down or bitten by pets
Where an injured driver looks first for compensation will depend on whether the driver is an employee or an independent contractor.
Employees Injured on a Customer’s Property
If the driver is an employee and is injured on the job, they will typically be eligible for workers’ compensation benefits. With limited exceptions, that’s true regardless of whose fault the injury was.
However, workers’ compensation benefits are limited–in most situations, the injured worker will receive only coverage for their medical care associated with the accident and partial replacement income. If the property owner was at fault for the accident in some way, such as not maintaining the property in safe condition or failing to restrain their animal, they may also be liable. A premises liability claim will generally allow for a wider range of damages, including non-medical expenses associated with the injury and compensation for intangible losses like pain and suffering.
An injured worker can usually pursue both a workers’ compensation claim and a claim against a third party–in this case, the homeowner. But, there’s no double dipping. For example, a driver can’t get 2/3 of their regular weekly income from workers’ compensation but still collect 100% of lost wages from the property owner.
Contractors Injured on a Customer’s Property
App drivers usually aren’t employees, and so aren’t entitled to workers’ compensation benefits. Most delivery app companies don’t offer insurance coverage for injured drivers, either.
In most cases, the only claim that may be available to a non-employee delivery driver is against a property owner whose negligence caused or contributed to the accident. However, there may be other options to explore. When you speak to a Charleston premises liability attorney, the lawyer can also help look for other possible sources of compensation, such as insurance coverage offered by the company or your own private short-term disability coverage.
Delivery Driver Motor Vehicle Accidents
When a delivery driver is involved in a motor vehicle accident while making deliveries, responsibility breaks out much in the same way as it does when the driver is injured on a customer’s property. If the driver is an employee, workers’ compensation will typically cover them. However, the coverage provided through workers’ compensation may not be sufficient to cover all of the driver’s losses.
If another driver was responsible for the accident, the injured delivery worker may have a claim against them. That’s true whether or not workers’ compensation applies–with the same limitations on double dipping described above. There may also be coverage available under the driver’s own automobile insurance policy or through other sources. It’s important to explore all possible avenues for compensation.
Consult a Charleston Personal Injury Lawyer
If you’re a delivery driver who has been injured on the job, either in traffic or on someone else’s property, it’s in your best interest to get reliable advice right away. Even if you qualify for workers’ compensation coverage, it may not be sufficient to cover your damages. And, you may be entitled to other types of compensation. But insurance companies don’t like to give away money–not auto insurance carriers or homeowner’s insurance carriers or workers’ compensation insurers. Small mistakes you make in dealing with insurance companies early on can hurt your case or limit the compensation available. Don’t take any chances with your recovery.
The best way to protect yourself is to have a knowledgeable injury lawyer on your side. To learn more about how attorney Frank Hartman can help you secure the compensation you deserve, call 843-300-7600 or fill out our contact form.