Getting injured on the job can keep you off work, and if you’re a delivery driver who relies on your work to pay the bills, that’s a problem. You need delivery drivers’ workers’ comp. But are you eligible for workers’ comp benefits?
An experienced Pennsylvania workers’ comp lawyer from Calhoon & Kaminsky, P.C., can advise you about your eligibility for benefits. If you are eligible, they can pursue the benefits you need while you heal so that you can work again.
Call our office today for a free, no-obligation consultation with a workers’ comp lawyer. We’ll explain your options for obtaining the medical and wage-loss benefits you need.
Workers’ Compensation Benefits for Delivery Drivers in PA
PA workers’ comp benefits for eligible food and other delivery drivers include the following:
- Medical Benefits – Workers’ comp will pay for reasonable medical care required to treat your injuries. However, you must choose one of the doctors on your employer’s list of preferred providers for the first 90 days of your treatment.
- Temporary Total Disability Benefits – When your doctor keeps you off work while your injury is healing, you can be paid TTD benefits. These benefits are usually about two-thirds of your pre-injury average weekly wage.
- Temporary Partial Disability Benefits – These benefits are paid if you can return to work at a job that pays less than your pre-injury job.
- Specific Loss Benefits – If you have lost the permanent use of all or a portion of some part of your body, you could be entitled to a specific loss award based on the injured body part and your degree of loss of use.
Are All Delivery Drivers Eligible for Workers’ Compensation?
Not necessarily. To be eligible for workers’ compensation benefits, a delivery driver must be an employee. However, some employers intentionally classify delivery drivers as independent contractors to avoid having to buy workers’ comp insurance for them.
Factors workers’ compensation uses to determine whether a worker is an employee or an independent contractor include whether the following apply:
- The employer provided tools or training, or set work schedules
- The employer controls when and how they work
- The worker can work for others when they want to
- The worker operated their own business and had liability insurance
- The worker was provided a company uniform to use during the delivery
Even if the worker relies on an app for their delivery instructions, they may be an employee if the employer treats them as such, dictating their work hours and the terms of the deliveries. If the delivery driver’s work looks like a regular job, such as working a “shift” or facing penalties for turning down delivery jobs, they could be classified as an employee.
If you’ve been injured while performing deliveries, talk to a Pennsylvania workers’ compensation attorney to find out if you qualify for workers’ compensation benefits.
How to File a Workers’ Compensation Claim for Eligible Delivery Drivers
In Pennsylvania, workers’ comp for delivery drivers starts with notifying the employer that you were injured on the job. You must make this report to your employer within 21 days, as no benefits are due until notice is given. You must report the injury no later than 120 days after the accident. Reporting after that period can result in your ineligibility for benefits.
Your employer will either accept your claim or deny benefits. If they accept your claim, your benefits will begin immediately. If they deny your claim, you should get a lawyer. Your lawyer can file a
Petition for Hearing with the Workers’ Compensation Commission. You’ll get a hearing where a Workers’ Compensation Judge (WCJ) will make a determination about your case. If they decide in your favor, benefits will begin.
If the WCJ decides against you, your lawyer can appeal your case to the Commonwealth Court.
Types of Injuries Common for Delivery Workers
Because delivery drivers are on the road for nearly all of their work periods, they are more vulnerable to getting into accidents than people who are on the road intermittently. Delivery drivers who use bicycles or motorcycles to deliver are even more vulnerable than those who drive cars. Delivery accidents can result in the following injuries:
- Traumatic brain injury
- Head trauma
- Spinal cord injury and paralysis
- Back and neck injuries
- Crushing injuries
- Amputations
- Internal organ damage
- Internal bleeding
- Broken bones
- Contusions
- Lacerations
When you’ve been injured while doing your job, the last thing you should be doing is worrying about how to get the workers’ comp benefits you need. A skilled workers’ comp lawyer can handle all the legal details while you focus on recovering.
What To Do if Injured While Delivery Driving
When you’re injured while performing your delivery duties, you will no doubt call the police and seek the medical care you need. In the days and weeks that follow the accident, take the following steps to protect your claim and your right to secure benefits:
- Report the accident to your employer.
- Choose one of the healthcare providers from your employer’s list for your initial, post-emergency treatment.
- Attend all doctors’ appointments and obey your treating physician’s advice.
- Keep copies of all medical bills, records, prescription records, and receipts for other expenses.
- Stay off social media until your claim is closed.
- Contact a seasoned workers’ compensation lawyer to handle your claim.
Contact Calhoon & Kaminsky, P.C., to See if You Are Eligible for Workers’ Comp Benefits
Whether you are classified as an employee or an independent contractor can affect your workers’ compensation benefits. If you believe you have been misclassified as an independent contractor when you are actually an employee, you need a lawyer’s help to secure the benefits you’re entitled to.
Calhoon & Kaminsky, P.C., is a workers’ compensation law firm. We’ve been helping injured workers for over 20 years, and in that time, we’ve secured over $221 million for our clients. We are ready to go to trial if we can’t reach a fair settlement for you.
One of our values is that everyone is entitled to high-quality legal representation, regardless of the size of their bank account. That’s why we work on a contingency basis. Your initial consultation is free, and if you hire us, you pay nothing up front. We take our fee as an agreed-upon percentage from your settlement or award.
Contact us online or call us today for help getting the workers’ compensation benefits you deserve.
