Delivery Driver Injuries
As a delivery driver, you face unique challenges and risks each day you head into work. Whether you are delivering packages, food, or other goods, the nature of your job exposes you to a variety of potential injuries and accidents. Understanding the types of injuries common among delivery drivers, as well as the distinctions between employees and independent contractors, is crucial when seeking workers' compensation benefits.
At Freidman Rodman Frank & Estrada, our lawyers have extensive experience successfully bringing workers’ compensation claims on behalf of Miami delivery drivers. We understand the nature of the delivery industry, common hurdles insurance companies put up along the way, and how to overcome those hurdles to secure all the compensation and medical benefits you deserve.
Common Delivery Drivers InjuriesDelivery drivers frequently suffer varying injuries due to the physical demands and hazards of their fast paced job. Some of the most common injuries delivery drivers experience include:
- Musculoskeletal Injuries: Repeated lifting, carrying heavy packages, and long hours of driving can lead to strains, sprains, and back injuries.
- Slip and Fall Accidents: Navigating different terrains, weather conditions, and unfamiliar properties increases the risk of slip and fall accidents.
- Vehicle Accidents: Delivery drivers spend a significant amount of time on the road, making them susceptible to car accidents, which can result in serious injuries.
- Dog Bites: Delivering to residential areas can sometimes result in dog bites or other animal-related injuries.
- Repetitive Strain Injuries: Constantly performing the same motions, such as reaching for packages or typing on a GPS, can cause repetitive strain injuries like carpal tunnel syndrome or rotator cuff impingement.
One of the key factors in determining eligibility for workers' compensation is whether you are classified as an employee or an independent contractor.
Employees
If you are classified as an employee, your employer is required to provide workers' compensation coverage. This means that if you are injured on the job, you can file a claim to receive benefits such as medical expenses, lost wages, and rehabilitation costs (typically, employees are given W-2s at the end of the year).
Independent Contractors
If you are classified as an independent contractor, you are generally not eligible for workers' compensation benefits from the company you are contracting with (typically, employers provide independent contractors with a W-9 at the end of the year). However, our firm will investigate the circumstances surrounding your accident as well as your employment status in order to bring all potential claims on your behalf. You may have had the option to purchase your own insurance to cover injuries sustained while working. Also, depending on the nature of your injury, you may have a third-party personal injury claim against the responsible party.
The distinction between employee and independent contractor can be complex and depends on various factors, such as the level of control the company has over your work, your work schedule, and how the company pays you. If you are unsure of your classification, the dedicated Miami delivery driver workers’ compensation lawyers at Friedman Rodman Frank & Estrada can help you understand your rights and options.
Types of Accidents That Qualify for BenefitsNot all accidents or injuries will qualify for workers' compensation benefits. To be eligible, the injury must arise out of and in the course of employment. Some examples of qualifying accidents include:
- On-the-Job Vehicle Accidents: If you are involved in a car accident while making deliveries, you may be eligible for benefits even if you were not making a delivery at the moment of the accident.
- Injuries While Loading/Unloading: Injuries sustained while loading or unloading delivery items at a warehouse, distribution center, or delivery site are covered.
- Slip and Fall Accidents: If you slip and fall while making a delivery on a customer’s property, you can be eligible for workers' compensation benefits.
While many injuries can be covered, some workplace car accidents may not qualify for workers' compensation benefits:
- Commuting Accidents: Injuries sustained while commuting to or from work typically do not qualify, as they are not considered to be in the course of employment unless conducting a special errand for the employer.
- Off-Duty Activities: Injuries that occur while engaging in activities not related to work, even if on the employer's premises, are generally not covered.
- Personal Errands: If you are injured while taking a personal detour during your delivery route, you may not be eligible for benefits, as the injury did not occur in the course of performing work-related duties.
If you are a delivery driver who has been injured on the job, the thought of bringing a Florida workers’ compensation claim can be overwhelming, especially on top of everything else going on in your life. At Friedman Rodman Frank & Estrada, we understand the challenges you face and are here to help secure the compensation and medical benefits you need to overcome your injuries, get back to work, and get your life back on track. Our experienced attorneys will guide you through the process, ensuring your rights are protected every step of the way. There are no attorney fees paid unless and until there is a recovery for you. To learn more, and to schedule your free consultation today, call (305) 448-8585. You can also reach us through our secure online contact.