Workers' Compensation And Delivery Drivers: Is There A Case?
Whether it's food or packages, as a delivery driver, you are committed to a fast-paced, sometimes dangerous job. While injuries aren't necessarily the norm, there are instances when a delivery driver will find themselves in an unfortunate situation.
When injured on the job, the question is often — who is responsible? Unfortunately, this question isn't one that can be easily answered. There are many factors that go into the equation. Learn about workers' compensation and delivery drivers.
Employee Classification
Workers' compensation is a form of insurance that all employee-operated companies must carry. In the event of an injury, workers' compensation is intended to help cover the cost of missed time from work, medical care, and other additional expenses that the employee might experience as a result of their injury.
The primary hurdle that delivery drivers sometimes face is that they are not typically classified as employees, but instead independent contractors. Companies, by law, are not required to cover independent contractors on their workers' compensation plans.
Injury
If the individual is an employee of the company they deliver for, there are still additional stipulations that might interfere with the process. Typically, if the injury involves a motor vehicle accident, the specifics of the case are very important. For instance, if the driver was at fault for the accident, such as speeding or by failing to keep their car properly maintained, the company might not be responsible for their injuries, particularly if they are in their personal vehicle.
However, if the person is in a company vehicle at the time of the accident, the law might slightly differ. On the contrary, an injury on company property often comes with the protection of workers' compensation coverage.
Documentation
Whether you are confident your injuries are covered or that your status with the company will leave you without coverage, it's essential you document your injuries. Workers' compensation has plenty of gray areas and there are instances when a person assumes that they aren't covered only to later find that they are.
However, without documentation of your injuries, claiming your injuries will be a challenge. Visit a medical provider as soon as possible for an evaluation and an initial diagnosis.
If you were injured on the job as a delivery driver, it's essential you review your rights to ensure you can take advantage of every opportunity legally available to you. Speak with an attorney for assistance with the process.
For additional information, visit sites such as http://mcmullenochs.com.
Share