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Do Food Delivery App Drivers Qualify for Workers’ Compensation?

Do food delivery app drivers qualify for workers’ compensation? It depends on your employment status. If you are classified as an employee, you are generally eligible for workers’ compensation benefits if you suffer a job-related injury. 

However, many delivery drivers are classified as independent contractors, who are not typically covered by workers’ compensation. If you were injured while working as a food delivery app driver, our workers’ compensation attorneys at Colling Gilbert Wright could help you better understand your legal rights and options based on your specific situation. 

Understanding Workers’ Compensation Requirements 

Florida law requires most businesses with four or more employees to have workers’ compensation insurance. The definition of an employee can be complex, but it generally includes individuals who are subject to the employer’s control and direction. Workers’ compensation insurance covers medical expenses, lost wages, and disability benefits for employees who are injured or become ill as a result of their work. 

The crucial factor in determining whether you qualify for workers’ compensation is your classification as an employee or an independent contractor. Independent contractors are generally not covered by workers’ compensation, which is how many food delivery app companies classify their drivers. This means that many food delivery app drivers are not eligible for workers’ compensation benefits if they are injured while working.

If, as a food delivery driver, you are classified as an employee, you are likely eligible for workers’ compensation benefits if injured while performing your job duties. Examples of employees might include those directly hired by a restaurant for deliveries, those adhering to a set schedule and uniform, or those whose work is significantly controlled by the employer. 

Many food delivery drivers, however, are gig workers who are responsible for their own medical bills and lost wages if injured while working, unless they have private insurance or can pursue a third-party liability claim. Some companies may offer supplemental insurance policies for their independent contractors. Our attorneys can analyze the specifics of your work arrangement, including the level of control the company exercises over your work, your autonomy, and other factors, to determine whether you may be misclassified as an independent contractor when you should be considered an employee. 

Even if you remain classified as an independent contractor, we could help you explore other potential avenues for seeking compensation, such as filing a personal injury lawsuit, if another party’s negligence caused your injuries. If you believe you have been misclassified or are unsure about your eligibility for workers’ compensation benefits, contact us to speak to an attorney specializing in employment law who could evaluate what compensation you may recover for the harm you experienced. 

Contact Us To See if You Are Eligible for Workers’ Comp as a Food Delivery App Driver

If you are asking, “Do food delivery app drivers qualify for workers’ compensation?” we could help. At Colling Gilbert Wright, our attorneys have experience working on a wide range of complex cases, including those involving the eligibility of food delivery app workers for benefits. We assist with disputes over medical treatment, lost wages, and denied claims, and also pursue claims against negligent third parties.

Workers’ compensation laws can be complex, but our firm could guide you through the entire process. We are highly trusted by other law firms, receiving most of our cases through referrals from clients and other attorneys. One recent workers’ compensation settlement totaled $12.5 million for a client who suffered spinal cord injuries and paralysis due to a work-related incident. 

Please reach out to our legal team today to schedule your free consultation.