As a delivery driver in New York City, you have to enter quite a few properties on a daily basis. Unfortunately, not every property owner does their due diligence to keep their premises safe from hazards.
If you experienced an accident while making a delivery, you may have grounds for a premises liability lawsuit. You may also or instead be eligible for workers’ compensation through your employer. A New York City premises liability lawyer can guide you through your legal options and maximize compensation.
Common Causes of Premises Liability Injuries for Delivery Drivers
New York City is home to roughly 65,000 couriers who deliver food and packages for companies like DoorDash, Grubhub, and Uber Eats. This statistic doesn’t even factor in the other delivery workers for major companies like UPS, FedEx, and USPS.
Couriers certainly stay busy delivering parcels throughout the city. For example, Amazon drivers deliver as many as 300 packages per day, making upwards of 180 stops each shift.
Drivers often work as quickly as possible to deliver their packages and meet tight deadlines. For many app workers, the more packages they can deliver in a shift, the more money they will make. This hustle and bustle can quickly lead to injuries, but unsafe conditions on properties can as well.
Delivery drivers may become injured by any of the following property hazards:
- Aggressive dogs
- Broken or crumbling stairs
- Poor lighting during night deliveries
- Inadequate security for businesses
- Elevator and escalator malfunctions
If you were injured on a customer’s property while delivering a package, a New York premises liability lawyer can assist you as you seek injury compensation.
Workers’ Compensation vs. Premises Liability Claims for Delivery Drivers
As an injured delivery driver, you have two main methods for seeking compensation: workers’ compensation and a premises liability claim. The correct option depends on the circumstances surrounding your accident, your type of employment, and other factors.
Do Delivery Drivers Qualify for Workers’ Comp?
Under New York’s workers’ compensation coverage requirements, for-profit businesses must provide workers’ comp to their employees. An employee is anyone who is:
- Full-time
- Part-time
- Seasonal
- Temporary
- Casual/day labor
- Borrowed
- Leased
- Unpaid/volunteer
Unfortunately, this list does not include independent contractors, which is what many delivery drivers are.
If you are an independent contractor for a major company like Amazon, DoorDash, or Uber Eats, you may still have accident benefits through the company. For example, DoorDash offers occupational accident insurance to its drivers. Check your employee contract and benefits to determine your coverage.
Workers’ compensation pays for your medical bills and a portion of lost wages while you recover from the injury. In New York, this benefit covers two-thirds of your average weekly earnings.
If your injuries were relatively minor and you don’t think the property owner was negligent, filing for workers’ comp may be a wise choice. It can provide you with a small amount of compensation to begin moving forward.
Was the Property Owner Liable for Your Injury?
Property owners owe visitors a duty of care to maintain safe premises and reasonably prevent accidents. If a hazard on the property led to your injury, you may be able to seek additional compensation through a negligence claim.
You must prove that the property owner breached their duty of care to you by neglecting to mitigate a hazard they should have known about. A New York premises liability lawyer can help you collect evidence to support this claim, such as:
- Photos or videos of the hazard
- Witness testimonies
- Past accident reports for the business
Through a premises liability claim, you can seek economic and non-economic damages to make up for your injury. Economic ones may include:
- Medical bills
- Time off work
- Loss of future earning capacity
- Property damage (such as if your vehicle was damaged)
Meanwhile, non-economic damages include costs you can’t assign a price tag to, such as:
- Pain and suffering
- Loss of quality of life
- Emotional distress
Ross & Hill Can Help You Pursue Compensation
Navigating a compensation claim as a delivery worker can be tricky. You must understand which benefits you qualify for through your employer and how they may affect your final payout. In many cases, you can’t claim the same damages through workers’ compensation and a lawsuit; the lawsuit would simply supplement the workers’ comp to cover additional damages.
At Ross & Hill, we help injured workers pursue maximum compensation. Allow us to evaluate your accident details and determine the right method of seeking a payout.
Contact us today at 646-351-2324 to schedule a free consultation with a New York premises liability lawyer. Then, explore the elements of premises liability to understand whether your accident may qualify.
Frequently Asked Questions
Are delivery drivers considered employees in New York?
Delivery drivers are sometimes considered employees in New York, depending on the company and the employment position. Many drivers for companies like DoorDash and Uber Eats are independent contractors, not employees. Your employment status affects your eligibility for workers’ compensation.
What is the statute of limitations for a premises liability claim?
The statute of limitations for a premises liability claim in New York is three years from the date of injury. Meanwhile, if you are thinking of filing for workers’ compensation, you may only have 30 days to do so.
How much payment can you receive on workers’ comp in NY?
In New York, you can receive a maximum of $1,171.46 per week, according to the Workers’ Compensation Board Schedule of Maximum Weekly Benefits. This cap increases every year on July 1.
How might a New York premises liability lawyer assist you?
A New York premises liability lawyer can assist you in your compensation process in various ways. They can gather evidence to support your claim, ensure that you meet all relevant deadlines, communicate with the parties involved on your behalf, and provide legal counsel to increase your payout. Ultimately, they can take the stress of your accident case off your shoulders while you focus on recovering.
