DoorDash has the biggest market share of delivery services in many urban and suburban areas in Pennsylvania, meaning there are hundreds of DoorDash drivers on the road at any time of day. When you get hurt while working for DoorDash, you may want to file a Workers’ Comp claim, but doing so can be a challenge.
DoorDash does not consider its workers “employees,” insisting instead that they are “independent contractors.” If this classification is correct, it means you do not qualify for a Work Comp claim, but other claims might be available. We can also challenge that classification if it was wrong, or focus our efforts on filing a car accident claim or another injury claim against an outside party (e.g., drivers, property owners).
For a free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers today at (267) 651-7945.
Are DoorDash Drivers Covered Under Workers’ Comp?
DoorDash insists that its drivers are “independent contractors.” If that classification is correct, it would carve Dashers out of coverage under Workers’ Comp. However, they do offer compensation through a different system, and we can still file a Work Comp claim anyway if DoorDash misclassified you.
No Coverage for Independent Contractors
Most “gig workers” are hired as independent contractors, according to the companies they work for. This classification scheme is common for all delivery app drivers (DoorDash, Uber Eats, Grubhub, Instacart, etc.), as well as Uber/Lyft drivers, Amazon Flex delivery drivers, etc.
If this classification is correct, then it means you are not covered under Workers’ Comp. Workers’ Compensation in Pennsylvania only covers employees.
Is That Classification Correct?
That only holds if your classification is correct. Courts and judges in Pennsylvania look not at the purported classification, but at the actual facts.
If your work is being controlled by DoorDash, and you are essentially serving them – not yourself as a self-employed gig worker – then your classification might be incorrect. If that is the case, then you can file a Workers’ Comp claim if your injury occurred within the scope of your job.
Have our Workers’ Comp lawyers investigate the terms of your employment and what tasks you were actually performing to determine whether a claim might be possible in your specific case.
Alternative Coverage: Occupation Accident Policy
Because DoorDash does not want to get involved in state Workers’ Comp claims and be exposed to liability through those processes, they offer coverage under its Occupational Accident Policy (OAP) instead. This means that courts never have to investigate whether Dashers are properly classified as “independent contractors” or not, because injured workers file through OAP instead of Workers’ Comp.
DoorDash’s OAP covers medical care costs up to $1 million and up to 50% of weekly wages from DoorDash (with other limits). This might be lower coverage than what you could get through Workers’ Comp, but if you don’t qualify for Workers’ Comp, then it is better than nothing.
Can You File a Car Accident Lawsuit for a DoorDash Crash?
If you were driving for DoorDash when you were involved in a car crash, you should be covered under their OAP policy. However, you should also have car insurance that might take care of at least a portion of your damages.
In Pennsylvania, car insurance rules require at least $5,000 of first-party benefits, but many drivers have more, especially if they are covered by a commercial driver’s policy (which is what the law expects for delivery drivers). If you are working as a DoorDash or other food delivery driver, it is often good to have even higher first-party benefits.
You can also potentially file a claim against an at-fault driver for hitting you, just as you would when off duty.
Can You Sue Property Owners?
If you are hurt on someone else’s property while delivering their order, you may be entitled to a lawsuit against them. Property owners are supposed to have well-lit walkways, cleared of ice and snow and other hazards. They are also supposed to keep their dogs and other animals under control.
If you were hurt because of a property owner’s negligence, you could be entitled to a lawsuit against them. Your status as a DoorDash worker doesn’t stop that, and it doesn’t matter if the property owner was the customer or not; the case would typically be against the property owner.
Similar safety concerns are in play when picking up an order from restaurants.
While DoorDash’s OAP coverage might still apply, that also does not stop you from suing an at-fault property owner.
FAQs for Injured DoorDash Workers in Pennsylvania
Can You Sue DoorDash as a Worker?
Usually, you cannot sue your employer for work-related injuries; you would instead file through Workers’ Comp. However, DoorDash workers are often treated as independent contractors, meaning this restriction doesn’t apply to you.
You would instead be governed by the terms of your contract, which does still usually prevent lawsuits against DoorDash anyway.
Can You Sue the Property Owner?
If you were hurt making a delivery, you can sue the property owner for unreasonable hazards like an icy front porch or a dangerous dog. Always use your best judgment when making deliveries; property owners may be able to claim that the hazard was obvious or that you should not have completed the delivery if it was clearly unsafe.
Always work with an injury lawyer, as these cases can be complex. Also check everyone’s terms of use as both Dashers and DoorDash customers to see if any language might prevent a lawsuit.
Do You Sue the Property Owner or the Customer?
Customers often get deliveries to apartment buildings, offices, or friends’ houses. They often cannot control the safety or conditions on these premises, and so they might not be responsible for dangers. Instead, you would usually sue the property owners.
Can You Sue Drivers for Crashes?
If you were hurt in a car crash while driving for DoorDash, you can typically file a car insurance claim or lawsuit as you normally would for any other car crash. DoorDash’s Occupational Accident Policy might cover part of your damages without you needing to prove fault, but a car accident claim is likely still available.
Can You Sue a Restaurant for Injuries?
If you were hurt while picking up a delivery, the restaurant could be responsible. Your agreement with DoorDash and the restaurant’s agreements with DoorDash might affect this, so check with a lawyer.
A restaurant might also be liable for giving you dangerous food that leads to injury, such as unreasonably hot liquids in a bad container.
Call Our Workers’ Comp Lawyers in Pennsylvania for Help Today
After an injury, call our Philadelphia Workers’ Comp lawyers for help filing an injury claim through whichever system applies. Call Cardamone Law at (267) 651-7945 today.
