Are Food Delivery Drivers Eligible For Workers' Comp?

As the coronavirus pandemic has forced many people to eat at home more often, the food delivery business is booming. With services like UberEats and Grubhub making food delivery more accessible to both restaurants and customers, delivery drivers are busier than ever.

Unfortunately, this uptick in business also means more opportunities for workplace accidents. Food delivery jobs come with inherent dangers, like getting into a car accident or being assaulted during the course of a shift.

If you get hurt while delivering a customer’s order, can you expect to be covered by workers’ compensation benefits? The answer lies in the terms of your employment. Whether you are an employee or a contracted worker will make all the difference in what benefits are available to you.

Delivering Food as an Employee

The most common example of a delivery driver that is employed by the restaurant itself is a pizza delivery driver. Oftentimes, pizzerias hire employees directly. As employees they are usually required to wear specific uniforms, follow weekly schedules, and perform other duties around the restaurant.

However, during the pandemic, many restaurants that have been forced to close their doors to in-person dining have turned to delivery as an alternative. Many of these restaurants have used existing employees or hired additional employees to deliver food to their homebound customers.

If you are employed as a delivery driver in this type of arrangement, you are eligible for workers’ compensation in California. If this situation applies to you and you get into an accident, are injured while walking to a customer’s door, or are assaulted while on the clock, you should notify your employer as soon as possible. 

Keep in mind that workers’ compensation applies if you are performing any job-related duty. So even if you have already delivered an order and are on your way back to the restaurant, you are still eligible for workers’ comp. benefits.

Just like any job, engaging in negligent or unlawful behavior when injured on-the-job could give an insurance company grounds for denying your claim.

Delivering Food as an Independent Contractor

The rise of the “gig economy” has given way to apps like DoorDash, Uber Eats, and GrubHub, that use independent contractors - rather than employees - to deliver food from multiple restaurants.

While these apps have created countless full and part-time jobs with flexible schedules and no dress code, being an independent contractor has one major downside. As such, you are not eligible for workers’ compensation in the event that you are injured in the course of your delivery work.

Depending on the company that contracted you as a driver, you might be covered by the company’s insurance policy. This insurance can cover bodily injury damages, such as the cost of emergency medical care and hospitalization. Check the terms and conditions of the app you use as a food courier for details regarding any policies that might help you after an on-the-job crash.

When in doubt, contact an attorney.

Though the terms of your employment and the laws surrounding them are fairly clear, you may still be unsure of which category you fall into. In addition, the laws surrounding who can be classified as an independent contractor continue to change. When in doubt, contact a Certified Workers’ Compensation Specialist to help you determine what benefits -if any- you should be able to collect.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.