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Who is liable when a delivery driver gets hurt delivering packages to homes?

On Behalf of | May 31, 2023 | Workers Compensation |

Every year, millions of people receive injuries at their workplaces. In fact, 2021 saw 2.6 million private industry worker injuries according to the Bureau of Labor Statistics.

However, some employees, such as delivery drivers, do not work in a specific facility. Therefore, who is responsible for worker injuries when the driver receives an injury delivering packages to homes?

Worker’s compensation

In most cases, the employer is responsible for worker injury, even for delivery drivers. These companies carry worker’s compensation insurance so their employees receive these benefits. Therefore, if these employees make deliveries on the clock and for their jobs, worker’s compensation insurance should pay for job-related injuries, such as back injuries from carrying heavy boxes, slips and falls and other injuries.

Gig workers

Gig workers, such as those who work for Doordash, Task Rabbit, Postmates and Instacart, add a twist to this situation because they do not work for companies as an employee but as independent contractors.

Some states require that independent contractors provide their own or make arrangements to cover injuries. In addition, some companies now offer voluntary protection policies for their contractors, such as lost wages and medical cost coverage for injuries.

Premises liability law

If a driver slips and falls due to the property owner’s negligence, e.g., poor lighting, damaged stairs and handrails or uneven, crooked or slippery sidewalks and driveways, that driver can sue the owner based on premises liability law. Therefore, property owners need to remain vigilant in maintaining their properties so they remain safe. They also need to notify visitors of any hazards they know about if they cannot fix them right away.

Before you take any action, you should understand who is responsible for paying your medical bills and lost wages when you receive an injury on the job.