Delivery Driver Workers’ Comp in North Carolina

Common Injuries Delivery Drivers Suffer While Working

Every day, delivery drivers lift heavy packages, climb stairs, drive on busy roadways, and deal with distracted drivers as they rush to meet tight deadlines. All of these things present a significant injury risk. Some of the most common delivery driver injuries our workers’ compensation attorneys see include:

Our team works with medical professionals to assess the true extent and impact of your work-related injuries to calculate the full value of your workers’ compensation claim.

Are Delivery Drivers Covered by North Carolina’s Workers’ Comp Laws?

Most delivery drivers who are injured by an accident in the course and scope of their employment or suffer occupational diseases qualify for workers’ compensation under North Carolina law. The key question is whether the driver is an employee or an independent contractor.

Employers often label drivers as independent contractors to avoid paying benefits, but that label doesn’t always hold up. The law considers factors such as whether the work is long-term or temporary, who controls the driver’s schedule, how the company pays them, who provides the delivery vehicle, whether the driver wears some sort of uniform, and how much control the employer can exercise over the details of the driver’s work. Many employers pay their drivers under Form 1099 thinking that fact alone makes them independent contractors and not employees. Payment with a Form 1099 is not a controlling factor in deciding whether the driver is an employee or independent contractor.

Our attorneys can review your case for free to determine whether you qualify for delivery driver workers’ comp. We’ll gather evidence showing how the company operates and whether it truly treats drivers as independent contractors. If we find the company misclassified you, we’ll fight to prove employee status and claim your rightful benefits. That is an issue on which we have won many cases.

Workers’ Comp Benefits That Delivery Drivers Are Entitled To

Workers’ comp for delivery drivers can cover your medical bills and part of your lost wages. You may qualify for the following benefits:

Medical care – Your employer must pay for all reasonable, medically necessary treatment, including hospital stays, surgeries, doctor’s visits, medical devices, medication, and physical therapy (C.G.S. §§ 97-2, 97-25).

Temporary total disability (TTD) – If you cannot work at all for a period of time, you can receive partial wage replacement of two-thirds of your pre-injury average weekly wages (up to a yearly statewide cap) until you return to work (C.G.S. § 97-29) up to a maximum of 500 weeks.

Temporary partial disability (TPD) – If you can return to a light-duty or part-time job that pays less because of your injury, you can receive benefits equal to two-thirds of the difference between your current and pre-injury average weekly wages for up to 500 weeks. (C.G.S. § 97-30).

Permanent partial disability (PPD) – If the injury leaves lasting damage, you can receive compensation based on the body part affected and the level of impairment (C.G.S. § 97-31).

Permanent total disability (PTD) – If you sustain the following injuries that leave you permanently unable to earn a living, PTD can provide lifetime partial wage replacement at the TTD rate:

(1) The loss of both hands, both arms, both feet, both legs, both eyes, or any two thereof, as provided by G.S. 97-31(17).
(2) Spinal injury involving severe paralysis of both arms, both legs, or the trunk.
(3) Severe brain or closed head injury as evidenced by severe and permanent:
- Sensory or motor disturbances;
- Communication disturbances;
- Complex integrated disturbances of cerebral function; or
- Neurological disorders.
(4) Second-degree or third-degree burns to thirty-three percent (33%) or more of the total body surface. (C.G.S. § 97-29).

Vocational rehabilitation – If you cannot return to your old duties, vocational rehabilitation benefits can help retrain you for new work (C.G.S. § 97-32.2).

How to File a Delivery Driver Workers’ Comp Claim

Receiving workers’ comp involves observing strict deadlines and completing detailed paperwork. Protect your rights by doing the following:

Report the injury immediately. On-the-job delivery driver injuries should be reported to the employer as soon as possible. (C.G.S. § 97-22).
Seek medical treatment. Prompt medical care protects your health and your workers’ comp claim. Explain that the injury happened at work, so the doctor records it properly. Tell the doctor every symptom you are experiencing each time you see them.
File Form 18. Just notifying your employer of your injury is not enough to stop the statute of limitations from running. Form 18 notifies the North Carolina Industrial Commission about the injury. An attorney can help you file correctly and avoid unnecessary disputes.
Keep careful records. Save all medical reports, doctor’s notes, receipts, accident scene photos, and communications between you and your employer carefully filed away. Keep a record of how far you had to drive to and from medical and therapy appointments.
Call an attorney. An experienced workers’ comp lawyer can lead you through the process of seeking benefits and help you avoid critical errors along the way. Contact one as soon as possible.

Why Work with Younce, Vtipil, Baznik & Banks for Your Workers’ Comp Case?

Whether you hurt your back lifting heavy packages, fall while carrying product, or were involved in a motor vehicle accident on the job, you deserve the protection workers’ comp benefits are meant to provide. Unfortunately, insurance companies often seek to deny those benefits in any way they can. That’s why you need a skilled workers’ comp attorney to fight for you.

Here’s why we believe Younce, Vtipil, Baznik & Banks is an excellent choice:

Extensive experience – Our team offers over 100 years of combined experience protecting the rights of injured workers. We understand the challenges you’re facing, and we know how to help you seek your rightful workers’ comp benefits.
Substantial results – Although each case is unique and past results cannot guarantee future outcomes, our case results speak for themselves. We’ve recovered millions in settlements and verdicts on behalf of injured workers, including a $2,650,000 workers’ compensation settlement.
Personalized representation – No two workers’ compensation cases are exactly alike. That’s why we take the time to understand your circumstances, needs, and goals, tailoring our legal strategy to your specific
Compassionate support – Your work injuries are more than a legal matter. They impact your everyday life and your ability to support yourself and your family. We understand that if we don’t win, you may be out on the street. We’ll do everything we can to care for you as you seek the benefits you deserve.
No fees unless we win – Our firm works on a contingency fee basis. That means you won’t pay us anything up front, and you don’t owe us fees unless and until we settle your claim, obtain or protect benefits through legal action at the Industrial Commission, or work on the case for over two years.

Over the years, we’ve received a long list of heartfelt testimonials from former clients. We believe these words speak louder about the quality of the legal services we provide than any case result or accolade. As one satisfied client said:

“Excellent communication and was very effective in analyzing the situation and working diligently to resolve the issues. I was very pleased with the professionalism and expertise of the staff and highly recommend them.”— Theodocia Shabazz

Call Our Workers’ Compensation Lawyers in Raleigh, NC, for Help with Your Case

Delivery drivers deserve protection when a workplace injury threatens their livelihood. The team at Younce, Vtipil, Baznik & Banks stands ready to fight for the workers’ comp benefits you’ve earned through your hard work. Contact us online or call (919) 661-9000 today for your free consultation.