Are Delivery Drivers Eligible for Workers’ Comp Benefits?

More and more, our society is depending on delivery drivers for everything from appliances to groceries. As consumers have shifted their shopping behavior, delivery drivers are running into another problem: more on-the-job injuries. Many drivers wonder if they are eligible for delivery driver workers’ compensation benefits.

This can be a complicated question to answer and will revolve around whether or not the driver is an employee of a company or an independent contractor.

What Injuries Do Delivery Drivers Sustain?

Delivery drivers can sustain a wide array of injuries while they are at work. They often work in incredibly unpredictable situations and hazardous weather conditions. They also regularly work long shifts.

Some of the most common causes of delivery driver injuries include:

• Vehicle accidents. Delivery drivers spend much of their time behind the wheel of a vehicle, so it is not surprising that many of their injuries occur in vehicle accidents, often caused by other drivers’ negligence.
• Overexertion. Delivery drivers are often required to lift heavy loads by themselves, which can lead to serious muscle, tendon, and ligament damage. Overexertion can also cause slipped discs or other back, neck, and shoulder injuries.
• Repetitive motions. Delivery drivers regularly perform the same motions over and over again throughout the day when they are loading and unloading packages, operating a vehicle, opening and closing doors, etc. Over time, these repetitive motions can lead to severe stress injuries.
• Slip and fall incidents. Delivery drivers often must walk over surfaces that are not safe, including those wet from rainwater, stairs that are defective, or other hazards on someone else’s property. These can lead to slip and fall injuries.
• Animal bites. California is the leading state in the nation for dog bite injuries. Unfortunately, delivery drivers encounter hostile dogs on a regular basis. Drivers can also be severely harmed due to insect stings.

Are These Injuries Covered by Workers’ Comp?

In California, most employers are required to carry workers’ compensation insurance for their employees. If a delivery driver is classified as an employee, they will be entitled to receive workers’ comp benefits regardless of who caused the incident leading to their injury. This will include coverage of their medical expenses, coverage of most of their wages, disability benefits, and death benefits to their loved ones if they die as a result of the accident.

Whether a delivery driver qualifies for workers’ compensation depends largely on how they are legally classified.

Employees vs. Independent Contractors

If a driver is classified as an independent contractor, as many delivery drivers in California are, then they likely will not have workers’ comp benefits provided by their employer. Many delivery drivers in California, particularly those working through app-based platforms, are classified this way, which can significantly limit their access to traditional employee benefits.

California has taken aggressive steps in recent years to crack down on worker misclassification. In 2020, Assembly Bill 5 (AB 5) went into effect, making it harder for companies to classify workers as independent contractors. Under AB 5, workers are presumed to be employees unless the company can satisfy a strict legal test showing otherwise.

Proposition 22 and App-Based Delivery Drivers

Despite AB 5, a major exception exists for certain gig-economy drivers. In 2020, California voters approved Proposition 22, which allows app-based rideshare and delivery companies to classify drivers as independent contractors rather than employees.

In 2024, the California Supreme Court upheld Proposition 22, confirming that app-based delivery drivers covered by the initiative may continue to be classified as independent contractors under California law. While Proposition 22 requires these companies to provide certain limited benefits, it does not grant drivers full employee status or traditional workers’ compensation coverage.

Not all delivery drivers fall under Proposition 22. Drivers working outside of app-based platforms, or those who are improperly classified, may still qualify as employees under California law and be entitled to workers’ compensation benefits. Because classification rules are complex and highly fact-specific, disputes over worker status remain common.

If a delivery driver is injured on the job, determining whether workers’ compensation applies often depends on the nature of the working relationship, the level of control exercised by the company, and whether any legal exceptions apply.

Do You Need an Injury Attorney?

If you are a delivery driver and have been injured on the job, you may need to seek legal assistance in order to secure compensation. With new laws in California, you need to be sure what your employment classification is when you are trying to gain coverage of your medical expenses and lost wages caused by an injury.

Let the team at DiMarco | Araujo | Montevideo look at your case today and determine the best steps moving forward. You can contact us for a free consultation by clicking here or by calling (714) 783-2205.