Delivery drivers face unique risks on the job, spending long hours on the road and navigating traffic under pressure. When a crash occurs, these workers can suffer serious injuries that may impact their ability to earn a living.
In Illinois, injured delivery drivers may be eligible to pursue workers’ compensation benefits and, in some cases, additional damages obtained via a personal injury claim.
Seeking maximum compensation in one or both ways
First, most delivery drivers who are classified as employees are covered by workers’ compensation under Illinois law. This no-fault system provides benefits for medical treatment, lost wages and, if necessary, temporary or permanent disability. If you have been injured while working as a delivery driver, you need to know that one of the major benefits of workers’ comp is that you don’t have to prove that someone else caused the crash—you only need to show that the injury occurred in the course of your work duties.
However, workers’ compensation also limits what you can recover. You cannot sue your employer for additional damages like pain and suffering. That’s where a third-party personal injury claim may come into play. If another driver (or third party) caused your recent crash, you may be able to file a lawsuit against that driver, entity or their insurance company, separate from your workers’ comp claim. This can allow you to pursue compensation for pain and suffering, emotional distress and other losses that workers’ comp does not cover.
For example, if a delivery driver is hit by a distracted driver while on their delivery route, they may file a workers’ compensation claim for medical bills and lost wages. At the same time, they may also bring a personal injury claim against the at-fault driver for additional damages. These two claims can move forward at the same time, but careful coordination is important to avoid conflicts or duplicate recoveries.
With all of this said, it’s also worth noting that not all delivery drivers are classified as employees. Some work as independent contractors, particularly those working through app-based services. Independent contractors are typically not covered by workers’ compensation, but they can still pursue a personal injury claim if another party caused them harm as a result of a crash.
Whatever your unique crash-related circumstances may be, it’s important to speak with an experienced legal team that understands both workers’ compensation and personal injury law in Illinois. With the right legal strategy, you may be able to recover the full range of compensation you deserve while protecting your long-term financial stability.