If you ride an e-bike to deliver food in California, you’re probably already aware of how dangerous the job can be. Cars making unpredictable turns, heavy traffic, and drivers distracted by their phones put you at risk every time you head out for a delivery. Intersections can be busy and confusing, and sometimes people open their car doors without looking, sending you straight into harm’s way.
Whether you pick up orders for DoorDash, Uber Eats, Grubhub, or Instacart, or work directly for a local restaurant or business, the risks are real. However, where you work and who you work for makes a difference in whether you can file a lawsuit, a workers’ compensation claim, or both. Reach out to our Los Angeles e-bike accident lawyers if you’ve been injured while working your delivery job for a free consultation.
Are You Considered an Employee or an Independent Contractor?
One of the primary questions is going to be your worker classification. Are you considered an employee or an independent contractor? Most app-based platforms, such as DoorDash, Uber Eats, Instacart, and Grubhub, label drivers as independent contractors. A restaurant or store where you clock in and have a boss supervising you should consider you as an employee.
If you’re injured while delivering food as an employee, your employer’s workers’ compensation insurance should cover your injuries. If you’re considered an independent contractor, you likely won’t be eligible for workers’ compensation benefits.
What Benefits Can Workers’ Compensation Provide?
If you qualify for workers’ compensation benefits in California, you may be entitled to coverage for:
- Emergency medical treatment and hospital bills
- Follow-up medical care and rehabilitation
- Temporary disability payments if you cannot work while recovering
- Permanent disability benefits for lasting injuries
- Mileage reimbursement for medical appointments
- Supplemental job displacement benefits in some situations
Workers’ compensation generally covers injuries regardless of who caused the accident, but in exchange, employees are usually limited from suing their employer directly.
Can Independent Contractors Still Recover Compensation?
Even if you are an independent contractor and do not qualify for workers’ compensation, you still may have options if you’re hit while delivering. You can pursue what’s called a “third-party claim” when someone other than the delivery company is responsible for your accident and injuries. That means if another driver hits you, you can take legal action against that driver by filing a civil lawsuit.
Here’s what usually happens in a third-party case:
- The claim is made against the at-fault party’s auto insurance, not your delivery platform.
- Evidence needs to be gathered, like witness statements, police reports, photos from the scene, video footage, expert testimony, and medical records, to prove your case.
- You must prove that the other driver (or person) was careless or broke the law, and that their actions caused your injury.
- You or your lawyer will negotiate with the insurance company to try to come to an agreement on a settlement.
- If a settlement cannot be reached, your lawyer can file a lawsuit and your case may go to court.
While this process can be more complicated than getting workers’ compensation, it may allow you to recover costs that you otherwise wouldn’t be entitled to as an independent contractor.
If you have any questions about obtaining compensation after a delivery injury, our team can help. We have decades of experience handling these types of claims. Reach out to our experienced work injury attorney in LA today to schedule a free case evaluation.