Can Delivery Drivers Get Workers’ Comp After a Bicycle or E-Bike Crash in Chicago?

Delivery drivers can get workers’ comp after a bicycle or e-bike crash in Illinois if they’re classified as employees and the crash occurred while they were performing their job duties. Workers’ compensation benefits are less likely to apply if the injured delivery driver is an independent contractor, off duty, or running personal errands at the time of the accident. Eligibility for workers’ compensation depends on the delivery driver’s employment terms and the circumstances of the accident. 

Early consultation with a legal professional can help delivery drivers explore their options and prevent employers and insurance companies from taking advantage of them.

Schedule a free consultation with the experienced Chicago workers’ compensation lawyers at DePaolo Zadeikis & Pino, LLC, by dialing 312-263-7560.

When Are Delivery Drivers Eligible for Workers’ Compensation After a Bicycle or E-Bike Accident?

A delivery worker’s employment classification impacts his or her ability to file a workers’ compensation claim after a bicycle or e-bike accident. Traffic accidents and injuries are among the most significant delivery driver risks. Illinois requires almost all employers to have workers’ compensation insurance to cover work-related illnesses or injuries.

Delivery people classified as employees are entitled to workers’ compensation benefits under Illinois law. Independent contractors are not considered employees. Workers’ compensation typically doesn’t cover them if they’re injured at work.

Another crucial consideration is whether the incident was work-related. The e-bike or bicycle crash must have occurred while the delivery worker was acting in the scope and course of his or her employment. For example, you’ll be eligible for workers’ compensation benefits if you were hit by a car while making a delivery on a bicycle or e-bike, or the crash happened after you had made a delivery and were riding back to the employer’s establishment. You likely won’t qualify for workers’ compensation if you were commuting to or from work or were using the company’s time for your errands.

Challenges Gig Workers Face in Workers’ Comp Claims

Gig workers face several unique challenges in the pursuit of workers’ compensation.

Proving an Incident Is Work-Related

Demonstrating that a crash is work-related can be challenging. This is especially true for bicycle and e-bike accident claims, as e-bike and bicycle delivery workers have more freedom of movement when making deliveries. Employers and insurance companies can complicate these claims by alleging the incident and injuries weren’t work-related or that the worker had taken a side trip or an unwarranted detour. Even when gig workers are entitled to compensation from a company’s insurance policies, the gray areas in the terms and conditions of these policies could be utilized to reduce or eliminate coverage.

Independent Contractor Classification

According to an Illinois Chamber of Commerce Foundation survey, 14% of Illinois adults work as independent contractors. Companies often classify their delivery workers as independent contractors. In most situations, this classification excludes them from workers’ compensation insurance coverage. Gig workers not covered by workers’ compensation can pursue personal injury claims against the parties responsible for their crash.

Delays or Denials of Benefits

Delivery workers may face delays or denials of benefits for various reasons. These include issues like application errors, providing inaccurate or incomplete information, taking too long to report an injury, and disputes over the level of impairment or eligibility.

Misclassification of Gig Workers

According to a National Employment Law Project (NELP) analysis, 10% to 30% of employers or more misclassify their workers. Employers may misclassify gig workers as independent contractors instead of employees to save money. Illinois law may consider a gig worker an employee even if a company deems him or her an independent contractor.

The primary determinant of whether a worker has been misclassified is the level of control the employer exerts over the worker and his or her schedules and tasks. The more control the employer exhibits, the more likely the worker may have been misclassified and thus be eligible for workers’ compensation benefits. For example, a gig worker required to wear a specific uniform or adhere to a specific schedule or instructions on how to do the job may be entitled to workers’ compensation benefits for work-related injuries.

How a Workers’ Compensation Lawyer Can Help Injured Delivery Drivers in Chicago

Navigating the aftermath of an accident can be challenging for delivery drivers. A workers’ compensation attorney on an injured delivery driver’s side is critical for several reasons.

Determining Employment Status

Chicago workers’ compensation lawyers can help you determine your employment classification and the benefits you should be entitled to collect under Illinois law. They can analyze your contract terms and real working relationship, including the employer’s level of control over your work, to establish whether the employer may have misclassified your status. Your lawyer will challenge the misclassification and help protect your right to pursue workers’ compensation.

Conducting a Thorough Investigation

Insufficient evidence can jeopardize your claim for workers’ comp after a bicycle or e-bike crash. Chicago bicycle accident lawyers conduct in-depth investigations and gather police reports, medical records, witness statements, and other evidence to build the strongest possible case for injured delivery workers. For complex cases, your lawyer may use the testimony of experts like accident reconstructionists to strengthen your claim.

Filing Your Claim Accurately and Promptly

Your work injury lawyer will handle all documentation and filings, ensuring your claim is filed correctly and in a timely manner.

Challenging Denials

If your workers’ compensation application is denied, a workers’ comp attorney will help you challenge the denial. Your attorney will help you understand the issues behind your denied claim and the additional evidence and arguments needed to support your case. Your attorney will file an appeal on your behalf and represent you during the appeals process.

Maximizing Compensation

A workers’ compensation lawyer for deliver drivers will help you exhaust every possible avenue of compensation to ensure you recover all the available damages you’re owed.

DePaolo Zadeikis & Pino, LLC, brings more than 70 years of combined experience in workers’ compensation and personal injury law. Contact us today to schedule a free consultation in Chicago.

Frequently Asked Questions About Delivery Driver Workers’ Comp After a Bicycle or E-Bike Crash

What Benefits Are You Entitled to Under Workers’ Compensation?

The types of benefits available under Illinois workers’ compensation include:

• Medical expenses
• A portion of lost wages
• Disability benefits
• Vocational rehabilitation

Can Independent Contractors get Workers’ Comp Benefits?

Independent contractors may be entitled to workers’ compensation benefits if the employer misclassified their employment status. A workers’ comp lawyer is essential for fighting misclassification.

How Much Does it Cost to Hire a Workers’ Compensation Lawyer?

Experienced workers’ compensation lawyers often work on contingency. In this case, you won’t pay any upfront fees and will only pay legal fees if the lawyer successfully recovers compensation for you.