Every day there are thousands of deliveries made to private residences, office buildings, retail stores, and warehouses. Especially in the last year, there has become a huge increase in online shipping and you can see this in the delivery drivers you see every day. While some delivery drivers are full-time employees, there are others that work as independent contractors. Either type has one common thing in common. They both are at high risk of injury while delivering a variety of goods to their customers.
If a delivery driver has an injury while making deliveries on private property, the liability for the injury could fall upon the employer of the delivery driver but it could fall on the owner of the property where the injury occurred. Determining the liability could depend on the status of the driver’s ability to work and the nature of their injury.
Delivering as an Employee
Injuries that happen to the delivery driver on private property fall upon the employer if the driver is working as an employee for the company at the time of the injury. Employers have to carry and provide workers’ compensation insurance for their employees. The driver’s injuries may be covered under a claim for workers’ compensation.
Delivering as an Independent Contractor
There are a lot of delivery drivers that work as self-employed, independent contractors rather than employees. In New York, independent contractors that don’t have employees are not required to carry workers’ compensation. In this situation, the delivery driver that suffers an injury on private property has to file a personal injury claim or lawsuit with the help of a lawyer to help recover compensation that will cover medical expenses against the company that hired their service. An injury lawyer can present well-documented evidence that will show proof of injury.
Premises Owner Liability
In New York, it is the responsibility of the property owner to maintain their premises and keep visitors, guests, and customers safe from harm. This includes maintaining their property and keeping it in a safe condition. If there are known dangers that could increase the chance for injury, signs need to be posted warning visitors of the potential dangers. This could be construction work zone, property debris, falling hazards, and pets like guard dogs on the property. Premises liability claims files by an injury lawyer involve negligent actions by the property owner that caused harm to come to the delivery person.
Call McMahon Kublick Attorneys in Syracuse
Whether you’re located in Syracuse or the surrounding areas such as Auburn, Cortland, Lafayette, Watertown, Oswego, Fulton or in the Utica/Rome area, at McMahon Kublick, we’ve got you covered. Our confident, experienced and dedicated team of personal injury attorneys work hard to ensure you receive the financial award that is rightfully yours. To learn more or to sign up for a free consultation with our team of Central New York accident injury lawyers, call us today at 315-424-1105.
Call now to schedule a free virtual or in-person consultation. We take cases on contingency, so you pay nothing unless we win.
