If you got hurt as a delivery driver in Georgia, you could be entitled to monetary benefits through your employer’s workers’ compensation insurance. However, not every delivery driver is entitled to workers’ comp. It depends on whether you qualify as an employee under the state’s workers’ compensation laws.
If you’re unsure of your eligibility for workers’ compensation or struggling to obtain benefits, it’s best to consult an experienced lawyer. A workers’ compensation attorney can determine whether you qualify and help you negotiate for maximum benefits.
At The Law Offices of William F. Underwood, III, P.C., our skilled legal team can review your case in a free consultation. Contact us today to get started.
Can a Delivery Driver Receive Workers’ Compensation?
If you are directly employed by a delivery company, you can claim workers’ compensation benefits after an on-the-job injury. Georgia requires all employers that employ three or more people to provide workers’ comp coverage for regular part-time and full-time employees. There are some exceptions to this rule. For example, farms may carry workers’ compensation coverage in Georgia, but they are not required to by law.
However, the law treats independent contractors differently. Many delivery drivers work as independent contractors for businesses like Uber Eats, DoorDash, and Amazon. If you are classified as an independent contractor, you are not technically an employee and are not entitled to workers’ comp benefits.
Sometimes injured employees don’t know whether they are independent contractors. Alternatively, an employer might misclassify an employee as a contractor to skirt workers’ compensation laws and other labor regulations. If you suspect you have rights to benefits, an attorney can review the terms of your employment so you recover the money you are entitled to.
Another important factor when determining your right to benefits is whether your injury qualifies as work-related under Georgia law. The state limits eligibility to injuries sustained while acting in the “course and scope” of your employment. You likely wouldn’t qualify for workers’ comp if you were injured while engaging in horseplay on the job. But if you tripped on your way out of the company truck to deliver a package, you suffered a job-related injury and should receive benefits.
Common Injuries Among Delivery Drivers
For delivery drivers, the most significant risk of injury comes from car accidents. When you spend most of your shift driving around and dropping off packages, your chances of getting hurt in a collision increase dramatically. However, traffic accidents are not the only cause of occupational injuries among delivery drivers.
Slip and falls also occur during deliveries. A delivery driver might slip on a wet floor or trip over an obstacle on a sidewalk while going from door to door. Lifting and carrying packages can also cause repetitive motion strain or overexertion injuries.
Other types of job injuries affecting delivery drivers include:
- Pulled muscles
- Tissue and nerve damage
- Twisted or sprained ankles
- Broken bones
- Whiplash
- Back injuries
- Internal bleeding
- Concussions and traumatic brain injury
- Spinal cord injuries
- Paralysis
- Lacerations
Workers’ Compensation for Delivery Driver Injuries
When you file a workers’ comp claim as an eligible employee, you can collect medical and income replacement benefits after a job-related accident.
Medical benefits cover all necessary and reasonable treatment related to the work injury. Generally, you must see a doctor from your employer’s panel of physicians to cover your medical bills. However, if your employer does not have a valid panel or follow other various legal requirements, you may be able to obtain treatment with a physician of your choice. However, you will likely need to pay out of pocket if you get treatment from an unapproved physician if your employer did follow the requirements of posting a valid panel and offering to provide treatment to you with a panel doctor. Medical benefits should cover your treatment expenses for up to 400 weeks from the accident date, though you could claim benefits for longer if you suffer a catastrophic work injury.
Workers’ compensation also replaces a portion of your lost income if an occupational injury prevents you from returning to work. Three key types of income replacement benefits are available:
- Temporary total disability (TTD) – Temporary total disability benefits replace up to two-thirds of your average weekly wage earned before the injury up to a maximum benefit amount of $725 per week. This amount will increase to a maximum of $800 per week for injuries occurring on or after July 1, 2023. Payments continue until your Authorized Treating Physician (ATP) determines you can return to full-duty work or releases you to light-duty work that your employer is able to accommodate.
- Temporary partial disability (TPD) – Temporary partial disability benefits are available if you can return to your job after an accident, but your injuries prevent you from working at full capacity. For example, you might need to transfer to a different position that pays less than you previously earned. TPD payments cover up to two-thirds of the difference between your average weekly wages before and after you get hurt on the job. They can continue for up to 350 weeks.
- Permanent partial disability (PPD) – Your doctor will determine if you have a permanent disability once you reach MMI. PPD benefits pay the same rate as temporary total disability benefits but only last for a specific timeframe. It depends on the disability rating assigned by your doctor and the body part affected by your injury. For example, losing 100 percent of the use of one hand would entitle you to PPD benefits of up to 160 weeks.
How Do You Get Paid When Injured as a Delivery Driver?
How you get paid for injuries sustained as a delivery driver depends on your employment classification. If you’re an employee of the company, you can file a claim for workers’ comp benefits through the Georgia State Board of Workers’ Compensation. The employer’s insurance company should cover any medical expenses you have, and you can start claiming wage-replacement benefits if you miss work for seven consecutive days.
You won’t qualify for benefits through your employer’s workers’ compensation insurance if you’re an independent contractor. However, you might be able to file a personal injury lawsuit if someone else was at fault for the accident that hurt you.
Let’s say you get hurt because another driver ran a red light. You could file a personal injury claim with their auto insurance company and seek compensation for your financial losses, such as medical expenses, lost wages, and pain and suffering. You can do this regardless of whether you’re an independent contractor or an employee with a separate workers’ compensation claim pending. If the insurance company approves your claim, you will settle the case and receive the money by check, either as a lump sum or in structured payments. If the insurer denies your claim or offers too little, you could also have the option to take the case to trial. Consulting with a personal injury attorney is always wise before negotiating with an insurance company.
How Our Workers’ Compensation and Personal Injury Lawyers Can Help
At the Law Offices of William F. Underwood, III, P.C., we understand how personally and financially devastating it can be when a job injury sidelines you from work. It only gets more stressful if you struggle to receive timely compensation for your losses. Let us tackle your case. You can count on our firm to protect your rights and aggressively seek the benefits you deserve. Contact us today for a free consultation with a workers’ compensation attorney in Georgia.
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