Delivery drivers are at a higher risk for collisions since they spend a large portion of their day on the road. Tight schedules, bad weather and busy city streets all compound the risks. According to the U.S Bureau of Labor Statistics, in 2018, there were 36.1 cases of nonfatal transportation injuries per 10,000 full-time equivalent delivery drivers.
When delivery drivers are in a collision with another vehicle, the drivers have different options for seeking damages.
File a claim with workers’ compensation
Delivery drivers’ employers are primarily responsible for the safety of their employees. If a car accident occurred in the employers’ vehicle while conducting business, employees are eligible to file a workers’ compensation claim. This mandatory employer-held insurance may cover medical expenses and lost wages regardless of who is at fault in the accidents.
Sue the at-fault driver
When other drivers cause vehicle collisions, delivery drivers can sue them for damages in addition to filing workers’ compensation claims. While workers’ comp covers initial medical expenses, third parties might be liable for additional damages such as pain and suffering, loss of future wages and long-term medical care.
If employees receive damages from civil lawsuit settlements, New Jersey unemployment law requires they reimburse their employers or workers’ compensation insurance for any monies received. This statute allows employees to receive the maximum amount of damages but prevents collecting twice for the same injury.
Knowing how to proceed if delivery drivers are in a car accident ensures their medical expenses get paid regardless of who is at fault.