Now more than ever, Californians are choosing to avoid going from store to store and have goods delivered right to their doorsteps. Whether ordering food from their favorite restaurant, or clothing and household goods online, this increase in online ordering has led to a demand for delivery drivers. However, working as a delivery driver comes with some risk.
Spending hours in your car each day leaves you more vulnerable to being involved in an accident. Yet, if you are involved in a crash while on the job, are you eligible for worker’s compensation?
If you are an employee of a company, such as Amazon, UPS or even a local restaurant or florist, then you are eligible for worker’s compensation if you receive injuries while driving on the job. To get compensation for a work-related accident, you need to report your injuries to your employer immediately. Then you need to file a workers’ compensation claim.
You also need to verify if your employer requires you to seek medical care from a specific doctor to receive worker’s comp and keep records of all your medical treatment. You want to be able to prove you are following your treatment plan to receive full worker’s compensation benefits.
One of the reasons Californians are voting Nov. 3 on whether companies like Uber and Door Dash must consider their workers employees under the new AB-5 legislation is that then they would qualify for workers’ compensation benefits. App-based services are seeking an exemption for that rule because classifying workers as employees instead of independent contractors requires employers to pay expensive benefits. Some of those include worker’s comp, health insurance and paid vacation.
If you have a question about whether you qualify for workers’ compensation, you should consult your employer. If you are eligible and your worker’s compensation was denied, you should reach out to an experienced attorney. An attorney who understands the worker’s compensation rules can help you appeal your claim.
