If you drive for a living, you’re at a much higher chance of getting injured in a motor vehicle accident. This is true for commercial drivers such as Uber drivers, cab drivers and Lyft drivers. However, there are other drivers who are also on the road for the greater part of their shift. Delivery drivers, for example, are on the road almost the entire time they’re working. If they happen to get injured in an accident, one would think they’d be entitled to workers compensation benefits. However, that doesn’t mean that their employer will automatically approve the claim. If this happens to you and your claim is denied, you should contact one of our Tampa workers’ compensation lawyers.
What our Florida workers comp attorneys do is help you prove that you meet the criteria for workers compensation. The requirements in Florida are the same as they are in most other states. You need to demonstrate that your injuries are work related. You also have to prove that you reported your accident to your manager or human resources department right away. And you have to take a drug test to make sure that you weren’t under the influence at the time of your workplace accident. If you meet all these requirements, as well as some others that aren’t mentioned here, there’s no reason why your benefits should be denied.
Here, we will discuss why delivery drivers are at such a greater risk of being injured while on the job. We will also discuss what you can do if your benefits are denied for some reason. Finally, we will explain what benefits you’ll be entitled to if your claim is approved.
If you were recently injured on the job, regardless of what type of work you do, feel free to contact our office directly. We offer all new clients a free, initial consultation which gives you the chance to sit down with a seasoned attorney and go over your case.
Most Injured Workers Can Collect Workers Compensation Benefits
For the most part, all workers who live in Florida are entitled to workers compensation benefits. There are certain categories of employees that are exempt from this program. For example, the following workers are not allowed to file for workers compensation benefits:
- agricultural and farm workers
- seasonal and casual workers
- federal workers
- railroad workers
- domestic servants such as nannies and housekeepers
- temporary employees
- independent contractors
As long as you don’t fall into any of these groups, there’s a good chance your workers’ compensation claim will be approved. Delivery drivers are not present, as can be seen.
Commercial Delivery Drivers Are at a High Risk of Being Injured in a Car Accident
When you think about it, Delivery drivers are at a much higher risk of getting injured on the job. Not only are you dealing with performing your own job, but you have to contend with all the other drivers on the road. You may be an excellent driver and have a perfect driving record. If you’re forced to share the road with people who are not so conscientious, there’s a good chance you can be injured.
Delivery drivers have to make so many stops per day. They’re traveling all day or night in neighborhoods they may not be familiar with. At some point throughout their shift, they have to deal with heavy traffic. For example, if they work the evening shift, they’ll have to navigate the prime time traffic when everyone else is coming home from work. If they work during the day, they may be out on the road when people are going to lunch. This makes it more likely that they could get involved in a traffic accident. Even if the accident is minor, they will still be left with significant injuries. These injuries may very well make it impossible for them to work.
Can Your Tampa Workers Compensation Lawyer Prove Your Case?
Whether or not your workers’ compensation claim is approved depends on the facts surrounding your workplace accident. What it comes to is whether your Tampa workers compensation lawyer can prove your case. As with any other worker, they will need to show that you meet the requirements for workers’ compensation. In addition to the criteria mentioned above, you’ll have to demonstrate the following:
- You were injured while performing your work-related duties
- You were not running a personal errand or using your vehicle for personal reasons
- You agree to take a drug test immediately after your crash and pass that test
- You understand that you can only be treated by a state-approved workers comp doctor
- You cooperate with your doctor’s treatment plan
- You don’t work another job while out on workers compensation
If you meet these criteria, there should not be a problem. However, your employer or their insurance carrier may have other ideas.
What Benefits Will You Be Entitled to Under Workers Comp?
If your claim is approved, you’ll be entitled to two main types of benefits. Obviously, your medical care will be covered. Whatever treatment you need to recover from your work-related injuries will be provided free of charge. This includes any co-pays or prescription medications you need. It also cover your ambulance ride, surgeries, and hospitalization.
The second type of benefits you’ll receive are weekly benefits. These payments will be equal to 2/3 of your average weekly wages. So if you normally make $600 per week as a delivery driver, you’ll receive approximately $400 per week. It’s important to note that what you normally earn as tips will be included in your average weekly wages. Since as much as half of a delivery driver’s income comes in the form of tips, this is critical. Your Florida workers comp attorney will ensure that they include this money when they calculate your weekly benefits.
Your Florida Workers Comp Attorney Will Help You Get the Benefits You Deserve
If you’re a delivery driver and you get injured while on the job, contact our office. You are entitled to workers compensation benefits. There’s a good chance that you’ll be out of commission for weeks or even months due to your injuries, it’s important that your workers comp claim be filed properly from the start. Our Tampa workers compensation lawyers can help make that happen. Call today and schedule your free, initial consultation.
