Delivery Driver Workers’ Comp Lawyer in San Diego

What workers’ comp covers for delivery drivers

If you are an employee, workers’ comp covers injuries on the route, at the station and anywhere else the job takes you, and it doesn’t matter who was at fault. Benefits include:

• Medical treatment, usually through your employer’s medical provider network, from the first visit through therapy and surgery if you need it
• Temporary disability (TD) while you can’t work, usually two-thirds of your average weekly pay, up to a state maximum
• Modified duty within your restrictions, such as dispatch or station work. If your employer has nothing that fits, TD should continue.
• Permanent disability (PD) if you don’t fully recover, and a job displacement voucher for retraining if you can’t go back to driving and your employer has no other work for you

Truck driver workers’ comp outside California

Long-haul and regional drivers are often hurt in another state. If you were hired in California or your work is based here, a California claim may still be possible. Report the injury to your dispatcher right away and keep copies of your logs.

Common problems with delivery driver claims

“You’re an independent contractor”

This is the most common reason drivers are told they have no claim. In California, a worker is generally presumed to be an employee unless the company proves all three parts of the “ABC test”: you are free from its control, your work is outside its usual business, and you run your own independent business. A 1099, a contract you signed or a vehicle you own doesn’t settle it.

App-based drivers for certain delivery and rideshare platforms are different. Under Proposition 22, they can be treated as contractors if the company meets the law’s conditions, and those companies must carry occupational accident insurance instead of workers’ comp. A courier injury on one of those apps usually goes through that insurance, which has its own limits.

Which company is your employer

Many package drivers work for a smaller contractor that delivers for a large retailer or shipper, wear that company’s uniform and drive its van. Your employer for workers’ comp is usually the contractor that hires and pays you. Owner-operators leased to a carrier, and drivers placed through a staffing agency, face the same question. If the employer has no insurance, a state fund may pay benefits, but those claims take more work.

Other disputes we see

• No witnesses. You were alone on the route, so the insurer questions whether the injury happened at work. Report it to dispatch the same day.
• “You were off route.” Insurers may argue a stop for food or a personal errand broke the connection to work. Short, ordinary breaks usually don’t.
• Pressure not to report. Drivers worry about losing their route or their numbers, wait, and the delay is used against them.
• Wear and tear. Knee and back injuries from years of steps and lifting are cumulative trauma, and insurers often blame age instead.

When to call a delivery driver workers’ comp lawyer

Some driver injury claims go smoothly. Call a lawyer if any of these happen:

• Your workers’ comp claim was denied, or the insurer is still investigating weeks later
• You were told you’re a contractor, or that the company you deliver for isn’t your employer
• You drive for an app and its accident insurance denied or cut off your benefits
• Your employer has no workers’ comp insurance
• Treatment your doctor asked for was denied, or your TD checks stopped
• You lost your route after reporting the injury, or you were offered a settlement

A workers’ comp lawyer’s fee is approved by a judge and paid out of your award, so there is nothing to pay up front.

When someone other than your employer caused the injury, such as another driver, a dog’s owner or a property owner who ignored a broken step, you may also have a separate injury claim against them, in addition to workers’ comp.