Can a delivery agent sue the delivery company after an injury?

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Delivery agent injuries are not uncommon. In fact, according to the Bureau of Labor Statistics, delivery drivers have an injury rate that is six times higher than the average for all occupations in America. This may be due to factors such as unpredictable weather conditions and long hours on their feet. However, what happens if you’re delivering a package and get injured while doing so? As it turns out, you might be able to sue your employer!

Cases involving personal injury matters

are typically filed in the state where the injury occurred, not where a person lives or works. So if you’re delivering and get injured on someone’s property, that would be considered an incident happening in their jurisdiction—even if they are located elsewhere from your home address. In this instance, it might be possible to sue the delivery company for any injuries sustained as a result of negligence by them (or others) at the site of the accident.

 

In some cases, employers will require employees to sign contracts with employee agreements stating what is expected before work begins and how disputes should be handled. Below is an excerpt from one such agreement: “I understand that after I complete my probationary period with [company name], I am liable only for damages involving or arising out of my own gross negligence.”

 

Deliveries are typically made on someone else’s property, so if an employee is injured while delivering the goods at their destination they may be able to sue for damages. However, a sign-off agreement with employees often states that injuries related to delivery only apply in cases where it was caused by “gross negligence” or something similar. That means there might not be much legal recourse available when accidents happen while making deliveries unless there has been some type of act committed that exceeds what would normally amount as “negligence”.

Who is liable for your injuries?

This is an important question. There are a few different scenarios. If the injury was caused by an employee of the delivery company, then it would be up to that individual’s boss (the employer) to cover any damages related to their work-related injuries in most cases.

Most importantly: whether or not you can sue for these types of accidents depends on what type of agreement you have with your employer and how they specify who will take care of injuries related to deliveries. Some companies only allow employees liability when there is gross negligence involved – but others may offer more protection than just “gross negligence”.

Your best bet?

Always consult your employment contract before taking legal action if this happens again! Also, check the insurance that you are covered by.

 

Sometimes negligent drivers can be exempted

Yes, as hard as this is to believe, negligent drivers can be exempted from these types of lawsuits.

In some cases, the employer might take care of all costs related to an injury incurred while doing deliveries (including medical treatment and lost wages). But other companies may only cover accidents that are deemed “gross negligence”. Gross negligence is not just defined as a driver who causes your accident due to reckless driving – it also includes those who knowingly break traffic laws or refuse to comply with safety regulations in place for their delivery vehicles.

 

The company will pay for damages like medical expenses and lost wages?

Sometimes this depends on what kind of contract you have with your employer: if they agree to take responsibility when there has been gross negligence involved, then yes, they’ll likely provide coverage for injuries incurred.

Be sure to check your employment contract, if you are unsure about aspects, consult a legal expert in these matters. If the terms are not in your interest, then maybe it’s time to look for another job where you are better protected?

 

Paid or Unpaid Leave?

This is another very important thing to consider. If you need to take time off work to recover from an injury,  is this leave paid or unpaid? Check this out too.