Delivery Drivers and Slip-and-Fall Accidents—What Are Your Options?
Delivery drivers spend the majority of their workdays accessing other people’s property—property that may or may not be properly maintained, decluttered, and accessible to authorized visitors. They walk through apartment complexes, restaurants, grocery stores, warehouses, office buildings, loading areas, and private homes. They may be working on a strict timeline and walking while checking addresses. All of these factors ramp up the risk of a slip and fall. After a fall, it may be time to talk to an Inland Empire premises liability attorney.
Whether your case falls under workers’ compensation or personal injury, the team at Moga Law Firm is committed to helping you fight for fair compensation. For over three decades, attorney Scot Thomas Moga has helped clients throughout the Upland area hold negligent property owners accountable. Learn more about how our premises liability law firm can help you by calling us at 909-931-2444.
Delivery Drivers Risk Slips and Falls Every Day
Delivery work requires drivers to enter unfamiliar places constantly. They may visit multiple warehouses and storerooms to get items and shipments, then go to new apartment buildings, stores, and private homes to make deliveries. Because they rarely visit the same place often enough to remember it, they don’t know which stairs are weak, which restaurant has slick floors, and which sidewalks have uneven pavement.
These hazards elevate the risk of sprains, fractures, torn ligaments, back injuries, knee injuries, and chronic pain. Drivers’ jobs rely on their ability to walk, lift, carry, and get in and out of vehicles comfortably. A fall could cause serious medical issues and affect their ability to work.
Common Causes of Accidents
Your premises liability lawyer will work to find the root cause of your accident. Common causes of accidents include wet floors, spilled food or drinks, rainwater, loose materials, missing handrails, broken stairs, poor lighting, uneven pavement, cracked sidewalks, and oil or grease spots.
Apartment complexes can be especially risky if stairs, gates, walkways, and lighting are not properly maintained. Restaurants and stores create extra hazards for delivery drivers when they fail to clean up spills and obstacles immediately.
Is This a Workers’ Compensation Claim?
If you are classified as an employee, you likely have a workers’ compensation claim if you are injured while making deliveries. California’s workers’ comp program covers job-related injuries regardless of who is at fault. You may be entitled to medical care, temporary disability payments, and possible permanent disability benefits.
You should report the injury as quickly as possible to your employer so you can file the appropriate forms, start medical care, and provide evidence of your injuries.
What About Third-Party Premises Liability Claims?
However, workers’ comp may not be your only option. If you were injured on someone else’s property because of their failure to maintain it, you may be able to work with a premises liability attorney to pursue compensation from the property owner. This isn’t an option if your employer is the party who caused your injury, but it may be your best choice if a third party was involved.
For example, depending on the facts of your case, you may have a claim against a property owner, apartment complex, restaurant, retail store, warehouse, property manager, or maintenance company. This is separate from workers’ comp. A personal injury claim does allow you to seek more compensation, as you aren’t limited by the benefits provided by workers’ compensation.
What Makes Delivery Driver Cases More Complicated
One of the most complicating factors in these claims is the fact that many delivery drivers are not employees. Drivers who work for DoorDash, Grubhub, UberEATS, or Amazon Flex are often considered contractors, as they can choose which jobs they take and when they work. This means that they may not qualify for standard workers’ comp benefits, although some companies do offer other types of coverage for independent contractors.
If you’re an independent contractor, you may have to seek compensation with a personal injury claim. Your premises liability lawyer can help you determine liability and pursue compensation.
Injured on a Delivery? Speak With Our Premises Liability Attorneys in California!
The team at Moga Law Firm is here to help you pursue the compensation you may be entitled to. Learn more about your next steps by calling our premises liability law firm at 909-931-2444 or contact us online now.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
