WORKERS COMP COVERS WORKING DRIVERS
Working drivers are covered under workers compensation
THIS WEBSITE IS THE PRODUCT OF A WORKERS COMPENSATION ATTORNEY AND IS NOT AFFILIATED WITH ANY WORKERS COMPENSATION INSURER. FURTHER IT IS NOT AFFILIATED WITH THE STATE OF MARYLAND NOR ANY GOVERNMENT ENTITY WITHIN THE STATE OF MARYLAND. Information contained herein is provided for informational purposes and expresses opinions and information best known at the time it was written. This information and does not create an attorney to client representation.
If an employee is driving, or if there occupation is that of a driver which includes truck drivers, delivery drivers, transport drivers, and even tradesman driver between calls. The question often arises whether workers compensation applies if an employee is driving. The short answer is YES. If the drivers are performing a job related task at the time of the accident then they will likely be covered under workers comp laws. While the range of accidents which lead to work comp coverage is great there are certain driving occupations, and types of accidents that are particularly more common. Pizza delivery drivers, Parcel services such as Fed Ex, UPS, DHL, product delivery drivers, and even service drivers such as limo drivers and taxi drivers may be covered.
Not only does the driver often have a solid workers compensation claim but they may also have a lawsuit against another driver if the other driver was at fault. This may lead to increased compensation by way of multiple recoveries. When a victim has a workers comp claim and a lawsuit against another driver that arises from the same incident they are able to recover workers compensation benefits but also seek pain and sufffering from the other driver as a result of the incident. The workers comp insurance company will have the right to be reimbursed for their expenses from any 3rd party recovery, but with the right attorney this “lien” can be reduced by way of negotiations.
For a free consultation call Baltimore workers compensation attorney and personal injury attorney Andrew M. Rodabaugh now at Call Us, Click to email or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!
Pizza delivery drivers and other food delivery drivers are covered under Maryland Workmans’ Compensation law
Whether the worker is a driver for a large chain pizza restaurant, or a smaller mom and pop type restaurant they are likely covered under workers comp in Maryland. The fast pace work environment, exposure to the weather elements, and late hours all lead to vulnerability for drivers. The severity of the injury ordinarily does not factor into whether the injured worker is entitled to benefits, but does ultimately have an affect on the final permanency award. Only to some extent does the time, place and manner of the accident actually affect a workers claim to benefits. A task that is specifically job related would be covered under workmans’ comp.
Delivery drivers and workers comp: Common accidents and injuries covered under workers comp
Accidents that would be covered include: a burn on hot food, slipping while walking out of the restaurant to go on a delivery, falling while returning from a delivery, getting attacked by a dog while performing a delivery, getting in an auto accident while in route for delivery. Regardless of fault, an auto accident would be covered under workers compensation if it occurred during the course of employment.
If the deliver driver was performing an act that was solely for his own gain they would not be covered. This would include a scheduled break where the driver punched out and went home for his own personal reasons.
However, if the driver was performing an act that was of mutual benefit to himself or the employer coverage under Maryland Workmans’ Comp may be applicable. An example of this would be a personal trip to the grocery store but also to pick up an item of food for the restaurant such as two liters of soda.
Baltimore Workmans’ Comp Cases we have handled representing food delivery drivers
Food delivery driver received an order for a number of pizzas and two liter sodas in Baltimore. The driver made the trip and arrived at the delivery spot with no issues. The person who ordered the delivery was actually someone planning on mugging the delivery man. The driver was robbed at gunpoint, beaten, hit in the head with a handgun, and pushed down a flight of cement steps in Baltimore. The case settled for over six figures.
Parcel delivery agents such as Fed Ex drivers, UPS drivers, DHL drivers and food and beverage delivery drivers would be covered under Maryland Workmans’ Comp
There are numerous risks that make parcel drivers susceptible to injury while on the job. For many drivers, time is of the essence. The public relies on timely shipping of their packages and these companies strive to meet that demand. Presumably this can lead to long arduous hours with many deliveries throughout a particular area on any given day.
The National Institute for Occupational Safety and Health conducted an ergonomic study in an effort to study, identify, and reduce risks associated within the soft drink and beverage delivery industry. These findings may be applied loosely to those whom drive for particular parcel services as well as those in the delivery industry.
Injuries among Parcel and Product delivery drivers lead to coverage under Maryland Workmans’ Comp
Parcel delivery drivers may work up to 15 hours in a day with the potential of delivery to over 100 stops within any given day. Packages range in size. For the heavier packages strains and sprains to the low back, knees, or shoulders may be common. For the smaller packages- even repeatedly lifting packages of less than 30 lbs may lead to sprains and strains. An enlightening and interesting article can be found here at A Day in the Life of a FedEx Driver. If you stop and look around the room you sit each and every item was delivered by someone at some point in the logistics process. From the furniture weighing hundreds of pounds to the boxes of pens that may have been packaged by the thousands, all have been lifted and carried by at least one, and likely multiple delivery personnel.
Notwithstanding the repeated lifting of heavy or moderate packages throughout the day, there are other risks that lead to injuries for the product delivery driver. With any transportation job, auto collisions are an associated risk. Again, regardless of fault delivery drivers may likely be covered under Maryland Workmans’ Comp laws. When bad weather is present the risks of injury increase. Slip and Falls are expected during wintry weather, and summer rain may contribute to an increase in collisions.
Parcel and Product delivery drivers we have helped obtain workmans’ comp benefits.
A soda delivery driver was operating a hand truck in Baltimore that he stacked with about four cases of soda. Pushing the hand truck up an incline on the sidewalk he sustained a low back strain. The workers comp insurance company urged him to return to work which ultimately resulted in an aggravation injury to the low back. The soda delivery driver underwent a course of physical therapy and injections were recommended. The case(s) were later settled for $22,000.
A bakery delivery driver in Baltimore was pushing carts loaded with rolls and bread out of his truck. The driver did not see a break in the flooring and twisted his knee. Surgery was performed, therapy undertook, and eventually a permanency award was obtained in the case.
Delivery driver was tasked with taking a load to a grocery store. The store was located in a particular bad part of Baltimore. The timing of the delivery was late in the evening and there was poor lighting at the drop off spot. The driver was mugged, beaten, stabbed and left on the ground. Fortunately the driver was found and recovered after over a year of intense psychological and physical therapy.
Service Drivers, Taxi drivers, and Shuttle drivers may all be covered under Maryland workmans’ Com
There are a number of occupations that do not ordinarily come up when thinking about who would be covered under workmans’ comp. Service providers, taxi drivers, and shuttle drivers do not ordinarily come to mind when thinking of work injuries, however for the most part these employees do occasionally get injured and are covered under workers compensation laws.
Service Industry and Workers Comp
A large portion of the services industry spends considerable time on the road in between calls and job sites. This would include but is not limited to plumbers, HVAC mechanics, appliance repairman, exterminators, and fuel company drivers. All of these occupations require multiple trips throughout the day. For the plumber, HVAC, appliance repairman they may have to drive to the residence diagnose the problem, drive to the supply house, return to the office or move on to a second call. Inherent risks include those with any traveling occupation, however these workers often have to lift heavy parts and replacement products which lead to strains, sprains, breaks, and tears.
Exterminators and fuel truck drivers are often traveling to multiple residence each day. Upon arrival they are required to unravel hundreds of feet of heavy hose, maneuver around yards, landscaping, and other stationary objects just to get to the drop of point. Common injuries among Exterminators and fuel truck drivers include shoulder injuries but also injuries to other parts of the body are sustained when they slip, trip or fall.
Shuttle Drivers and workers comp
Airport shuttle drivers, Maryland Mobility drivers, and MTA drivers are all covered under Maryland workmans’ comp if injured while working. The common risks associated with spending many hours on the road are certainly present for these drivers however other risks often arise. Airport shuttle drivers on occasion have to lift heavy suitcases which may lead to shoulder, neck, or back problems. They also occasionally have to step out into the weather elements. For Mobility drivers they are often tasked with helping the disabled or elderly from their home steps to the vehicle. It is quite possible that Mobility drivers are required to assist in maneuvering heavy wheelchairs or lifts.
Taxi Drivers, Uber, Lift, and workers comp
For taxi drivers coverage under Maryland workman’s comp can be a tricky question that almost always requires the involvement of an attorney. The reason is that often these drivers are categorized as an independent contractor which places them outside of the coverage for workers compensation. How taxi drivers are paid, who they take orders from, how much direction they are given, and specific job requirements all come into play in the analysis as to whether they would be covered under workers comp.
Service Drivers in Baltimore and throughout Maryland we have represented in obtaining workmans’ comp benefits
An exterminator was tasked with spraying an acre of property with a bug repellent. With hundreds of feet of hose unraveled the driver attempted to pull the hose a bit further when he felt a snap in his shoulder. The Torn ligament led to multiple surgeries and eventually a settlement over $100,000.
An HVAC mechanic was tasked with maneuvering an air conditioning condenser out of a tight space when he felt a twinge in his neck. He underwent a course of physical therapy and was able to return to work in a full capacity.
For a free consultation call Baltimore workers compensation attorney and personal injury attorney Andrew M. Rodabaugh now at Call Us, Click to email or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!
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