Food delivery drivers for companies like Instacart, DoorDash, UberEats, and others face unique challenges when it comes to workplace injuries. Unlike traditional employees, these drivers are classified as independent contractors, which complicates their access to workers’ compensation benefits.
If you have been injured while delivering food, understanding your legal options is crucial. This blog will explore what to do if you are injured on the job and how you can seek compensation. Contact Law Offices of Michael A. Kahn at (310) 209-1600 for a free legal consultation.
Understanding the Independent Contractor Status
Policies Vary by Company
Different food delivery companies have distinct policies regarding injuries sustained while working. If you have specific questions about a particular company, it’s advisable to contact them directly or consult with an attorney. For illustrative purposes, we’ll examine Instacart’s policies, as they are one of the most prominent grocery delivery services.
Instacart’s Independent Contractor Agreement
Instacart requires its shoppers to sign an independent contractor agreement. This agreement specifies that shoppers are not employees and, therefore, are not entitled to employee benefits such as workers’ compensation and disability insurance. The contract also states that shoppers are responsible for securing their own insurance coverage if they desire such protection.
Injury Protection Insurance: A Benefit from Instacart
Introduction of Shopper Injury Protection Insurance
In 2019, Instacart introduced Shopper Injury Protection Insurance as part of its “Shopper Perks Program.” This comprehensive policy covers up to one million dollars in medical expenses, disability benefits, and survivors’ benefits for all full-service shoppers. While this coverage offers significant benefits, it operates differently from traditional workers’ compensation.
Differences Between Injury Protection Insurance and Workers’ Compensation
Workers’ compensation is a no-fault insurance system, meaning that employees do not need to prove that their injury was caused by employer negligence to receive benefits. In contrast, injury protection insurance functions like other insurance policies: the injured party must file a claim, and the insurance company will evaluate the claim to determine coverage and payout amounts.
Steps to Take After an Injury
Immediate Actions Post-Injury
If you are injured while delivering food, it is crucial to take the following steps immediately:
- Seek Medical Attention: Prioritize your health by getting medical treatment as soon as possible.
- Document the Incident: Keep detailed records of the accident, including photos, witness statements, and medical reports.
- Report the Injury: Notify the delivery company about your injury as per their reporting procedures.
Filing a Claim with Injury Protection Insurance
If you are covered under Instacart’s injury protection insurance or a similar policy offered by another company, you need to file a claim with the insurance provider. Be prepared to provide comprehensive documentation of your injury and any related expenses.
Legal Options for Injured Delivery Drivers
Personal Injury Claims
If your injury was caused by the negligence of another party, such as a property owner or another driver, you might have grounds for a personal injury claim. This type of claim can help you recover compensation for medical bills, lost wages, and other damages.
Premises Liability Claims
If you were injured on the property of an individual or a store while delivering food, you might be able to file a premises liability claim. Property owners have a duty to maintain a safe environment, and if they fail to do so, they can be held liable for injuries that occur on their property.
Seeking Professional Legal Assistance
Contact Law Offices of Michael A. Kahn for a Free Consultation
Navigating the legal landscape after a work-related injury can be complex, especially for independent contractors. It is crucial to seek professional legal assistance to ensure your rights are protected and to maximize your chances of receiving fair compensation. If you have been injured while delivering food, contact Law Offices of Michael A. Kahn at (310) 209-1600 for a free consultation. Our experienced attorneys are here to help you understand your legal options and guide you through the process.
