As a delivery driver, you are on the road every day, and the risk of a traffic accident is unfortunately higher than average. Whether you work on a moped, scooter, bicycle, or electric bike, traffic accidents can have serious consequences. Both physically and financially, this can have a major impact. That is why it is essential to know what your rights are after an accident at work and how you can claim your personal injury compensation.
Compensation After an Accident as a Delivery Driver
Have you had an accident during your work as a delivery driver and suffered injuries? Then you do not need to worry. Your employer is in most cases liable for your personal injury, even if the accident was your own fault. This is because many employers have taken out a special Passenger Damage Insurance (SVO insurance) that covers your damages if you have an accident during working hours. Has your employer not taken out insurance? Then the employer can still be held liable for the damages you sustained while performing your duties. Important to know: As a delivery driver, you almost always have the right to compensation for the personal injury you sustain, even if you are at fault for the accident.Common Injuries Among Delivery Drivers
As a delivery driver, especially when traveling on two-wheelers such as scooters or bicycles, you have an increased risk of serious injuries in an accident. Common injuries among delivery drivers include:- Fractures (arm, leg, hand, foot)
- Bruised or broken ribs
- Hip fractures
- Internal injuries
- Concussion or brain injury
- Whiplash and neck complaints
- Cosmetic damage and scarring
Financial Consequences of an Accident
An accident often has not only medical consequences but also financial consequences. Think of:- Loss of income because you are temporarily unable to work
- Medical costs such as treatments, medications, or hospital visits
- Damage to personal property such as a helmet, clothing, or phone
- Travel costs for medical appointments and treatments
- Pain and suffering compensation for pain, suffering, and loss of enjoyment of life
What To Do After an Accident as a Delivery Driver?
After an accident, it is important to take immediate action to protect your rights. Here are the steps you can follow:- Have your injuries medically assessed: Go to a doctor as soon as possible. This not only helps with your recovery but the medical file is also important for establishing your personal injury claim.
- Report the accident to your employer: Your employer must be informed of the accident so that an insurance claim can be filed if applicable.
- Gather evidence: Take photos of the accident scene and collect witness statements if possible.
- Seek legal advice: Engage a personal injury attorney. At Arslan Advocaten, we offer free legal advice and help you with every step in the process.
Is Your Employer Liable?
In most cases, your employer is liable for an accident that occurs during working hours. This applies not only to accidents involving another party but also to single-vehicle accidents, such as a fall due to poor road conditions or defective brakes. Even if the accident was caused by your own fault, your employer may still be liable. Example from practice: A food delivery driver was injured when his scooter slid on a wet road surface because the tires were worn. The employer was held liable because the scooter had not been properly maintained. The court ruled that the employer was responsible for maintenance and that the damages had to be fully compensated.Rights With a Zero-Hours Contract or as a Self-Employed Worker
Even if you work on the basis of a zero-hours contract, temporary employment agreement, or as a self-employed worker, you have the right to compensation after a workplace accident. Even if you work as an independent contractor, the employer can still be held responsible for the injuries you sustain during working hours. In a recent ruling by the Supreme Court, it was confirmed that an agreement between a delivery driver and Deliveroo can be equated with an employment contract. This means that even self-employed workers are entitled to compensation for personal injury during working hours.When Is the Employer Not Liable?
There are a few exceptions where the employer cannot be held liable:- If the accident was caused by deliberate recklessness or intent on your part.
- If the accident occurred during commuting, unless there are exceptional circumstances.