With more people shopping online and using delivery apps for food and groceries, the number of people working as delivery drivers has increased dramatically over the past decade. According to data cited by Circuit, there are nearly 60,000 delivery drivers in Arizona alone. Delivery drivers face a number of different work-related hazards.
This raises an important question: Are delivery drivers covered by workers’ comp in Arizona? The short answer is that it depends on their status. Employees are covered by workers’ comp. Independent contractors are not. Here, our Arizona workers’ compensation attorney provides the delivery drivers’ guide to workers’ comp benefits.
Delivery Drivers are Covered by Workers’ Comp in Arizona (If they are Employees)
In Arizona, delivery drivers who are legally classified as employees are generally entitled to full workers’ compensation benefits if they suffer an injury or illness on the job. Workers’ comp is a no-fault system. That matters because it means that drivers do not have to prove that their employer did something wrong to receive benefits.
If an accident occurs while making deliveries, the employer’s workers’ comp insurance should pay for medical bills, wage replacement benefits, and (if necessary) disability compensation. The coverage applies broadly. Whether a delivery driver works for a large national retailer, a regional grocery chain, or a local business, the law in Arizona requires employers with one or more employees to carry workers’ comp insurance. If an employee delivery driver is injured in a motor vehicle crash, hurt while carrying heavy packages, slips and falls, or is hurt in any other way, while making a delivery, they are entitled to file a claim for workers’ compensation benefits.
Know Your Rights: Workers’ comp benefits in Arizona include all necessary medical care, partial wage replacement while the driver cannot work, and vocational rehabilitation
What Independent Contractors Delivery Drivers Need to Know
Your right to workers’ comp insurance coverage in Arizona is tied to your status as an employee. The biggest complication arises because many delivery drivers are treated as independent contractors. It is a big issue for those working for app-based companies, such as food and grocery delivery services.
Unfortunately, under Arizona law, properly classified independent contractors are not covered by workers’ compensation. The key point is that a delivery driver must be properly classified as an independent contractor to be denied workers’ comp insurance. Misclassification is a real issue in this industry.
A company cannot avoid its legal obligations simply by labeling a worker an “independent contractor.” Courts and regulators in Arizona will look beyond the contract to the reality of the working relationship. Some of the relevant factors include the company’s level of control over the driver’s work, requirements for scheduling or appearance, and restrictions on outside work.
Misclassified Delivery Drivers Have Options: Delivery drivers who are hurt and told they are not covered should not automatically accept that answer. They may have the right to challenge their classification through the Industrial Commission of Arizona (ICA). A successful challenge can open the door to full workers’ compensation benefits.
Delivery Drivers Hurt On the Job May Have a Third-Party Liability Claim
A delivery driver who was hurt on the job may also have a viable claim beyond workers’ comp benefits. Of course, delivery drivers should always start by filing for workers’ comp if that is an option in their case. Beyond that, they should explore every potential option to recover financial compensation through a fault-based third-party liability claim. Here are some notable examples:
- Motor Vehicle Crash: Motor vehicle accidents are one of the most common hazards for delivery drivers. Spending hours on the road increases the risk of being hit by a negligent driver. If another motorist causes a crash, the injured delivery driver may bring a personal injury claim against that driver (and their insurance). Workers’ compensation may cover immediate medical costs and part of lost wages, but a third-party motor vehicle accident claim allows recovery for the full extent of damages, including pain and suffering.
- Premises Liability: Delivery drivers also face unique risks when they step onto another person’s property. Slippery walkways, poorly maintained stairs, aggressive dogs, or cluttered pathways can all create dangerous conditions. If a delivery driver is injured because of a property owner’s negligence, a premises liability claim may be filed. For example, if a grocery delivery driver slips on unshoveled ice outside an apartment complex or falls due to broken steps at a customer’s home, the property owner (or manager) could be held responsible. Once again, a premises liability claim in Arizona allows an injured delivery driver to seek compensation for the full value of his or her losses.
Key Point: Third-party liability claims are fault-based cases. Delivery drivers need to prove negligence on the part of the defendant to hold them liable. A lawyer can help.
Why Injured Delivery Drivers Trust Arizona’s Work Injury Firm
Are you a delivery driver who was hurt while on the job in Arizona? You may have a lot of questions about your rights, your options, and what you need to do next to get justice and the maximum available benefits. At Arizona’s Work Injury Firm, our attorneys are standing by, ready to help.
We have the case results that tell the story of what we can do for injured workers. You do not have to take on the claims process alone. Our Arizona workers’ comp lawyers for delivery drivers offer free, confidential, and no obligation initial consultations.
Call Our Arizona Workers’ Comp Attorney for a Free Case Review
At Arizona’s Work Injury Firm, our Arizona workers’ compensation lawyers are standing by, ready to protect your rights and your interests when it matters the most. If you are a delivery driver who was hurt while on the job, we are here to help. Call us at (877) 370-5788 or contact us directly online for a free case review.
With offices in Phoenix, Tucson, Lake Havasu, Flagstaff, and Yuma, we represent delivery drivers in work injury claims throughout all of Arizona.