Our David W. Martin Accident and Injury Lawyers in South Carolina know that when someone gets hurt at work, it often seems that workers’ compensation is the exclusive remedy for benefits. In some cases, that is true.
For specific employment positions, like Amazon delivery drivers, there may be more confusion about whether their accident is eligible for a personal injury claim instead. The answer depends on the circumstances of the injury and the employee’s employment status. Here, we explain.
When Does an Amazon Delivery Driver Have a Workers’ Compensation Claim?
If the delivery driver is classified as an employee of Amazon or a third-party delivery service contracted by Amazon, they are generally covered by workers’ compensation insurance.
Workers’ compensation is a no-fault system, meaning the driver does not need to prove negligence to receive benefits. These benefits typically cover medical expenses, a portion of lost wages, and rehabilitation costs.
In most cases, filing a workers’ compensation claim means the driver cannot sue their employer for additional damages related to the injury.
When Does an Amazon Delivery Driver Have a Personal Injury Claim?
If the delivery driver is an independent contractor, they may not be eligible for workers’ compensation benefits and might need to pursue a personal injury claim instead.
If the injury was caused by the negligence of a third party—including another driver in a traffic accident or a property owner where a delivery was made—the driver can file a personal injury claim against that third party.
Unlike workers’ compensation, a personal injury claim requires the driver to prove that the third party’s negligence caused the injury. Successful claims can result in compensation for medical expenses, lost wages, pain and suffering, and other damages.
Do You Need Help Determining Which Claim is Right for Your Injury?
If you’re unsure whether your accident and injuries require workers’ compensation or a personal injury claim, contact our David W. Martin Accident & Injury Lawyers today at (803)-258-6199 to learn more about your legal rights and options. We handle both types of cases and can help make informed decisions about the direction of your claim.
We provide free consultations for all South Carolina personal injury and workers’ compensation cases and never charge legal fees unless we deliver a positive outcome for your unique case.