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Who Pays When a Delivery Person Is Injured on Private Property?

Written by Ankin Law Office

When a delivery person is injured while making a delivery on private property, liability for damages may fall on the delivery person’s employer or the property owner.

Who’s Liable for Injuries to the Delivery Driver?

Each day, thousands of deliveries are made to private residences, office buildings, retail stores, and warehouses. With a big increase in online shopping, delivery drivers are a common sight in most urban and rural areas. While some delivery drivers are employed as full-time employees, others work as independent contractors. One thing they have in common is a high risk of injuries while delivering a variety of goods to customers.

If a delivery driver is injured while making a delivery on private property, liability for the driver’s injuries can fall on the driver’s employer or the owner of the property. Determining liability may depend on the driver’s work status and the nature of his/her injuries.

Working as an Employee

When a delivery driver is injured on private property, liability for damages may fall on the driver’s employer, if the driver is working as an employee for a company. Since employers must provide workers’ compensation insurance for their employees, the driver’s injuries may be covered under a workers’ compensation claim. Under Illinois laws, employers are required to provide workers’ compensation insurance for full-time and part-time employees.

Working as an Independent Contractor

Many delivery drivers work as self-employed, independent contractors rather than employees. In Illinois, independent contractors are not eligible for workers’ compensation benefits. In these situations, the delivery driver who suffers injuries on private property must file a personal injury claim or lawsuit through an injury lawyer to recover compensation for medical expenses. Whether the case is handled in civil court or through a settlement process, an injury lawyer can present well-documented evidence needed to show proof of injuries.

Premises Liability Cases

Under Illinois premises liability laws, property owners are required to maintain their properties and keep visitors, guests, and customers safe from harm. Property owners must use reasonable care to prevent accidents and injuries on their premises. This includes maintaining their properties in safe and secure condition. If there are known dangers that could cause injuries, owners must post signs that warn visitors of potential dangers such as construction work zones, property debris, fall hazards, and pets or guard dogs. Premises liability claims filed by injury lawyers usually involve negligent actions by the property owner that caused harm.

Categories: Personal Injury