Getting Workers’ Compensation isn’t always straightforward. Delivery drivers in Massachusetts need to know if their specific injuries are covered, and, if so, what damages are available. We help with all aspects of Workers’ Compensation claims, and can confirm your eligibility soon after you suffer occupational injury.
Delivery drivers who are regular employees are covered by their employers’ Workers’ Compensation insurance, whereas delivery drivers who are independent contractors are generally not covered by Workers’ Compensation. Deliver drivers can get medical benefits, income benefits, and may get special compensation for certain permanent injuries. Delivery drivers must follow certain steps to get the Workers’ Compensation they deserve, all of which our lawyers can assist with.
For a free case review from our Massachusetts Workers’ Compensation lawyers, call the Law Office of John J. Sheehan at (617) 925-6407.
Does Workers’ Compensation Cover Delivery Drivers in Massachusetts?
Whether Workers’ Compensation covers you as a delivery driver in Massachusetts depends on your employment status and how you suffered your injuries. Let us clarify whether you qualify for Workers’ Compensation and help you get benefits.
Regular Employees
Delivery drivers who are regular employees of restaurants are covered by the restaurant’s Workers’ Compensation insurance. Any business with employees needs Workers’ Compensation in Massachusetts, including the restaurant you work for as a delivery driver.
Your injuries should be covered as long as you sustained them while working. As a delivery driver, your job requires you to be on the move. Whether you are driving a car or riding a bike to make deliveries, you are working. So, if you are in a car accident while out on deliveries, you should qualify for Workers’ Compensation.
Workers’ Compensation doesn’t cover injuries sustained on the way to and from work when you aren’t on the clock, so keep that in mind.
Independent Contractors
Workers’ Compensation may not cover independent contractors who work as delivery drivers for services like DoorDash, GrubHub, and Uber Eats. If you cannot get Workers’ Compensation benefits but are injured while working as a delivery driver, you may be able to recover damages by filing a lawsuit in Massachusetts.
What Workers’ Comp Benefits Can Delivery Drivers Get?
Delivery drivers are entitled to certain Workers’ Compensation benefits in Massachusetts, and our lawyers can explain how much you can expect to recover.
Medical Benefits
Workers’ Compensation pays all the medical expenses of delivery drivers injured while working. Car accidents cause some of the most devastating injuries, especially when vehicles strike bicyclists making deliveries.
When your claim is approved, your doctors can bill your employer’s insurer directly for as long as your injuries persist. There is no economic limit on medical damages from Workers’ Compensation for delivery drivers in Massachusetts.
Lost Wages
Delivery drivers who qualify for Workers’ Compensation can also get damages for their lost wages. How much they get depends on how their disability is classified.
Temporary total disability benefits give you 60% of your pre-injury weekly wage for up to 156 weeks.
Temporary partial disability benefits give you 60% of the difference between your pre- and post-injury wage. Furthermore, temporary partial disability benefits max out at 75% of what a claimant’s temporary total incapacity benefits would be.
If you are permanently and totally disabled, you must exhaust your temporary total disability benefits. After those 156 weeks are over, your lost-wage benefit changes to two-thirds of your average weekly wage before the injury, and last as long as you need these payments.
Specific Injury Payments
Specific injuries warrant special one-time payments from Workers’ Compensation. Losing limbs, digits, hearing, or sight, or suffering other permanent and possibly disfiguring injuries, makes delivery drivers eligible for more damages under Mass. Gen. Laws Ch. 152, § 36, and our attorneys can explain if this is an open issue in your Workers’ Compensation case.
How Do Delivery Drivers Get Workers’ Comp Benefits in Massachusetts?
Delivery drivers get Workers’ Compensation by following certain steps after suffering occupational injuries. Let us help with reporting and documenting your injuries and prioritizing your recovery in Massachusetts.
Report Injuries
Start by reporting your injuries to your employer. You should tell them about the accident right away, and should not return to work prematurely against doctors’ advice.
While Workers’ Compensation is generally a no-fault system, certain things could lead to carriers denying claims, such as employees intentionally injuring themselves, not getting hurt at work, or getting injured at work while drunk. Avoid saying anything that would hurt your claim, and let us help you report the accident.
When reporting your injuries, you can include any photos you took of the accident’s aftermath. Tell us if there are any other eyewitnesses as well. We may interview them and give your employer’s Workers’ Compensation carrier their statements to show you didn’t intentionally injure yourself while making a delivery.
Document Injuries
If you are injured during a car accident while making deliveries, you may have to go to the hospital. Don’t downplay any injuries, especially if you are in pain. The more medical evidence our Boston, MA Workers’ Compensation lawyers have proving how and when you were injured, the better.
You must keep attending doctor appointments until you are fully healed. Stopping your treatment may complicate your Workers’ Compensation claim. You should continue documenting your injuries even after you are approved for Workers’ Compensation benefits, as pausing treatment might affect your continued access to benefits.
Prioritize Recovery
Delivery drivers get Workers’ Compensation benefits in Massachusetts by prioritizing their recoveries and relying on our attorneys for help. We can check whether or not your employer informs their insurance carrier of the accident soon enough, and handle all correspondence with the Workers’ Compensation carrier. We can also alert you to all benefits you qualify for so you don’t accept less.
Call Our Massachusetts Lawyers About a Workers’ Comp Case Today
For a free case assessment from the Cambridge, MA Workers’ Compensation lawyers of the Law Office of John J. Sheehan, call (617) 925-6407.