Maison Law advocates on behalf of delivery drivers injured on the job. If you or a loved one has a workers’ compensation claim that you feel is insufficient, the workers’ compensation attorneys at Maison Law can help ensure your well-being and financial stability. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Delivery Driver Workers’ Compensation Claim?
In California, the majority of employers are required to carry workers’ compensation insurance for their employees under California Labor Code Section 3700. If you work as a delivery driver as an employee of a company, you will be entitled to workers’ compensation benefits, even if you were at fault for the accident. However, these benefits do not always cover the full scope of damages you’ve incurred from being injured on the job. For this reason, it is recommended to speak with a workers’ compensation attorney about work-related injury.
If you feel you are not being properly taken care of by workers’ compensation, you can partner with an attorney who will file a lawsuit against them. Reasons for filing a lawsuit against worker’s compensation include:
- Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
- Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
- A delay in treatment: there are thousands of active workers’ compensation cases and your case can sometimes get forgotten or delayed. When it comes to medical treatment or financial compensation, this is unacceptable and a lawsuit can be filed on your behalf to get the necessary treatment for your injuries.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
What is the Process for Filing Workers’ Compensation Claim Delivery Drivers in California?
If you’re injured on the job your first step should be to report the injury to your employer. Make sure your supervisor or someone in management knows as soon as possible. If the injuries you’ve sustained from your transportation accident develop gradually, you should also report it as soon as you believe your work is the cause of your injury. Gradual injuries include head injuries, muscle strains, or deep tissue injuries. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
Next, you should fill out a workers’ compensation claim form. Your employer is obligated to give or mail your a Workers’ Compensation Claim Form (DWC 1) within one working day after you report your overexertion injury. You should fill out this form and return it to your employer as soon as possible to avoid possible problems with your claim.
After submitting your claim, it is essential to get good medical care for your transportation injury. You should seek out treatment from a doctor who understands your particular type of injury. The doctor you choose will be known as your “primary treating physician” throughout the workers’ compensation process. The role of this doctor is to:
- Prescribe care for your job-related injury
- Manage your overall care
- Help determine when or if you can return to work
- Help identify the kinds of work you can do safely while recovering
- Refer specialists if necessary
- Write medical reports that will help determine the benefits you can receive
When working through your injuries with your primary treating physician you should be open and honest about all of your symptoms. Describe the events at work and what you believe led to your overexertion injuries. If you do end up filing a workers’ compensation claim, your doctor will play a large role in certifying the legitimacy of your injuries and the damage done to your life.
What Assembly Bill 5 Means for Delivery Drivers and Workers’ Compensation
California Assembly Bill 5 (AB5) went into effect on January 1st, 2020. This bill is know as the “gig worker” bill, which requires companies that hire independent contractors to reclassify them as employees. Gig workers make up a large portion of delivery drivers as they work as independent contractors for companies like Uber, Lyft, DoorDash, and Spark. AB5 was designed to extend the opportunity for independent contractors to be classified as employees. However, various job categories have since been exempted, including app-based drivers.
On November 3rd, 2020, California voters approved Proposition 2022, an initiative backed by gig worker companies to legally designate drivers of app-baed, ride-hailing services as independent contractors, overriding Assembly Bill 5.
Currently, the U.S. Department of Labor signed a piece of legislation that went into effect March 2024 that is designed to stop employees from being misclassified as independent contractors and missing out on benefits such as workers’ compensation. Now, companies in California are required to prove that certain individuals are independent contractors by performing an ABC test.
ABC test are different from state to state. Under the ABC test in California, a worker is considered an employee and not an independent contractor unless the hiring company satisfies the following three conditions:
- The worker is free from the control and direction of the hiring entity in connection with the performance of work
- The worker performs the work outside the usual course of the hiring business
- The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as involved in the work performed
Contact a Delivery Driver Worker’s Compensation Lawyer in California
If you or a loved one has been neglected or inadequately compensated by worker’s compensation, the attorneys at Maison Law will pursue the full extent of damages you are owed. Whether you’ve suffered permanent injuries, or have been denied medical treatment through worker’s compensation, our firm is prepared to exhaust every legal avenue to ensure you get the medical care and compensation you need.
For experts in workers’ compensation law, contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and you won’t pay a cent unless we’ve won your case.
