Several different parties may be responsible for a work-related delivery driver accident, depending on how the crash happened and whether the driver was performing job-related duties at the time. In many cases, an injured employee may have both a workers’ compensation claim with their employer and a separate personal injury claim against another negligent party.
Reach out to our workplace injury attorney in Los Angeles if you believe you have a personal injury claim from your delivery job injury. Potentially liable parties include:
The Employer
If you’re classified as an employee, your employer’s workers’ compensation insurance generally covers your injury if it happened while you were making deliveries or performing other job-required driving. It usually doesn’t matter who was at fault; workers’ comp is a no-fault system intended to pay medical bills and wage replacement if you’re hurt on the job.
Another (Third Party) Driver
If a driver from outside your company caused the collision, for example, by running a red light or making an unsafe lane change, you may have a separate personal injury claim against that driver. This is in addition to, not instead of, a workers’ compensation claim.
You, as the Employee Driver
If you caused the accident through careless driving while working, workers’ compensation will often still apply, since it is available regardless of fault. Unless your injury was caused by intoxication or you are otherwise ineligible, you should be able to claim workers’ comp.
Another Business or Property Owner
There are cases where liability might extend beyond just the drivers involved. This could include a company responsible for improper vehicle maintenance, or a property owner whose unsafe conditions contributed to the crash (such as poor signage, hazardous loading docks, or blocked exits).
Both workers’ compensation and third-party lawsuits might be available if you’re hurt while making deliveries for work. Identifying who is at fault and which types of compensation may apply will come down to looking at the specific facts of your accident.
What If I Deliver for DoorDash, Uber Eats, or Another App?
Not all delivery drivers are classified as employees in California. Under Proposition 22, most app-based drivers, such as those working for DoorDash, Uber Eats, and similar platforms, are treated as independent contractors if they meet certain requirements.
This means California’s usual workplace protections, like traditional workers’ compensation, do not apply in the same way. These companies must provide occupational accident insurance, which covers some medical expenses and disability benefits if you’re injured while using the app for work.
If you’re injured on the job because of a negligent driver, an unsafe property, or faulty equipment, you can still potentially bring a personal injury claim against the at-fault third party, even though you aren’t considered an employee.
Talk to a California Work Injury Lawyer
Injured delivery drivers can have more than one option for compensation. An attorney’s review can clarify the following:
- Whether you’re classified as an employee or independent contractor
- What coverage (workers’ comp, occupational accident insurance) applies to your situation
- If another driver, property owner, business, or product manufacturer can be held liable through a third-party lawsuit
- How different insurance coverages and claims might work together in your case
If you’ve been hurt while making deliveries, contacting a Los Angeles injury lawyer can help you protect your rights and understand your options for financial recovery. Reach out today to schedule your free consultation.