Delivery Truck Driver Injuries
While many people focus on the potential harm that delivery truck drivers cause in accidents, they tend to overlook that the drivers themselves take on a large amount of risk every day on the job. If you have been injured as a delivery truck driver, reach out to The Frickey Law Firm to learn more about your legal rights.
How and whether you may be compensated for your accident injuries depends on your status with the company and the facts of your case. If you are an independent contractor, you would need to file a lawsuit against a third party, while you can file a workers’ compensation claim if you were an employee of a company.
Call The Frickey Law Firm today to speak to a personal injury attorney for a free case review. Once we know the facts of your case, we can work with you on a legal path forward.
There Are More Delivery Drivers on the Road
The decline of brick-and-mortar retail stores has coincided with a boom in hiring delivery drivers. These days, everything from your clothing to your groceries to dinner may arrive at your front door within minutes or days. The drivers who make these deliveries take on a large amount of personal risk due to the demands of their job. If you have been injured as a delivery driver, being compensated for your injuries is no sure thing, making it crucial that you hire a personal injury attorney today.
Third-Party Lawsuits for Delivery Driver Injuries
Many companies do not actually employ the people who make deliveries for them. However, just because the company may claim you are an independent contractor, and you are not entitled to workers compensation benefits does not mean you are not entitled to workers compensation benefits. Often, companies like, Grubhub, FedEx and Amazon, claim not you are an independent contactor but you are not, you are actually an employee. It takes a skilled lawyer who in know knowledgeable in these areas to determine if you are an employee and entitled to workers compensation benefits. Furthermore, these companies often don’t pay out what the injured worker is entitled to in lost benefits and only pay a fraction of what the case is actually worth. In Colorado, you need a lawyer who specializes in this area of the law to make sure that you are getting the benefits that you entitled and deserve.
Unless you are able to successfully challenge your designation as an independent contractor, (more workers’ compensation cases have been doing exactly that these days, it is essential that you find a third party who you can sue in a personal injury lawsuit. Although it may be harder to find a responsible party and file a successful lawsuit, the good news is that you could receive more in payment for a personal injury lawsuit than you could have gotten through a workers’ compensation claim. Here, you are able to be paid for all of the wages you have lost (as opposed to a percentage in workers’ compensation claims) and your non-economic damages, such as pain and suffering.
Some instances in which you may file a personal injury lawsuit against a third party include:
- Traffic accidents: You could have been injured in a crash with another driver, and the standard rules governing motor vehicle accidents apply to your case.
- Dog bites: You may have been bitten or attacked by the property owner’s dog when you were making a delivery. Colorado law imposes strict liability for dog bites when you have suffered a serious bodily injury.
- Slip and falls: You could have fallen due to dangerous conditions on the property of another. The fact that they are holding their property open to you to make a delivery means that they owe you a duty of care.
Workers’ Compensation Claims for Delivery Truck Driver Injuries
Of course, if you were employed by the company for which you make deliveries, you are able to file a workers’ compensation claim for your injuries. Even though the delivery function has been largely outsourced to independent contractors, there are still some companies (such as UPS) that still employ their drivers. If you are an employee of a company, you cannot sue your own employer for your injuries. However, you can also file a claim for a broader range of injuries, and you would not have to prove that anyone was negligent for you to receive compensation. For example, you could receive workers’ compensation benefits if you suffered a musculoskeletal injury because of the physical nature of your job.
When you have been injured on the job as a delivery person, you should hire an attorney who has experience in both personal injury lawsuits and workers’ compensation claims. Your personal injury lawyer would review the facts of your case and help you determine whether you have a third-party lawsuit for negligence. They may even review the specifics of your arrangement with the company to learn whether you may be able to challenge your designation as an independent contractor.
Contact a Colorado Personal Injury Law Firm Today
Reach out to the experienced personal injury and workers’ compensation attorneys at The Frickey Law Firm to learn whether you may receive money for your injuries. You can schedule a free initial consultation through our website or by calling us today at 303-237-7373.

Adam M. McClure was recently selected for membership in “The National Trial Lawyers: Top 40 Under 40” organization, making him one of only 40 Colorado lawyers to be awarded this honor. Mr. McClure is an exceptional litigator. He has been a key member of The Frickey Law Firm since 2003. Learn more here.