By Danielle Jordan. Last Updated 11th June 2024. Are you a delivery driver who has been injured whilst working due to your employer being negligent? If so, you might wonder whether you could be eligible to make a personal injury claim. Throughout this guide, we will discuss the requirements for claims following delivery driver accidents at work that must be satisfied, the time limit in place for starting legal proceedings, and the evidence you could gather to support your accident at work claim.
Later in our guide, we show examples of how a workplace accident involving a delivery driver could occur. Additionally, we examine some research that explores what type of delivery driver is most likely to be involved in an accident that causes injury or property damage.
Furthermore, we explore accident at work settlements, including what they could include and how they are calculated.
Finally, we discuss how one of our No Win No Fee solicitors could help you through the personal injury claims process and the terms under which they offer their helpful services.
You can continue reading to learn more about workplace injury claims. Alternatively, you can get in touch with an advisor to discuss your potential case. To reach them, you can:
- Call 0800 073 8804.
- Use our ‘Claim Online‘ form.
- Use our live message box to chat with an advisor online.
Jump To A Section
- When Could You Claim For Delivery Driver Accidents At Work?
- Causes Of Delivery Driver Accidents At Work
- Which Types Of Delivery Drivers Are Most Likely To Get Injured At Work?
- How To Show Your Employer Was At Fault
- How Much Could Delivery Drivers Claim For Accidents At Work?
- Claim For Delivery Driver Accidents At Work With A No Win No Fee Solicitor
- Related Workplace Accident Claim Resources
When Could You Claim For Delivery Driver Accidents At Work?
A duty of care is the legal obligation placed on employers to take practical and reasonable steps to ensure their employees’ safety while working. This duty is set out in the Health and Safety at Work etc. Act 1974.
Some of the steps an employer must take to uphold this duty include performing risk assessments and implementing health and safety measures to remove or reduce the risk of injury posed by any known hazards, giving the appropriate training and providing any necessary personal protective equipment (PPE).
If this duty is breached, you might wonder whether it’s possible for you to seek compensation for the injuries you sustained as a result.
You may be able to make a personal injury claim for delivery driver accidents at work if your case meets the eligibility criteria:
- Your employer owed you a duty of care.
- Your employer breached this duty of care.
- You sustained an injury because of this breach.
How Long After An Injury Can You Claim Compensation?
The Limitation Act 1980 sets out the limitation period for starting a personal injury claim. For most circumstances, you have 3 years from the date you were injured. There are a couple of exceptions where the time limit will be paused, however.
To learn more about the limitation period, please get in touch with our team today. A team member can also assess your claim against the personal injury claim eligibility requirements.
Causes Of Delivery Driver Accidents At Work
Here are examples of different types of delivery driver accidents at work that could occur and the injuries that could be sustained as a result:
- The delivery driver’s employer gave them inadequate training at work. So, when lifting a heavy load from a van, the delivery driver uses the wrong lifting technique and sustains soft tissue damage to their back.
- A defective pallet truck is given by an employer to the delivery driver to use, even though they are aware the truck is faulty. The truck malfunctions halfway through lifting a washing machine into a lorry, causing the washing machine to drop onto the delivery driver. This causes multiple fractured bones and crush injuries.
- No training was given to employees loading a delivery vehicle. As a result, when opening the van, stock falls out on the driver causing them to sustain crush injuries to their chest from the weight of the falling object.
Which Types Of Delivery Drivers Are Most Likely To Get Injured At Work?
According to research carried out by University College London (UCL), freelance gig workers delivering hot food on a motorcycle were more likely to be in a collision that resulted in damage or injuries than those directly employed by a restaurant. This type of worker picks jobs through a digital platform on their phone instead of being assigned deliveries through a restaurant. This research was published on the 10th of November 2022.
These delivery riders reported that:
- They were more likely to speed due to employer time pressure. 56% of gig riders versus 39% of employed drivers delivering food.
- Also, they were more likely to ride through red lights, with 21% of freelance delivery riders reporting going through red lights versus 12% of employed riders.
- Additionally, they were more likely to be distracted by their phones. Phone distractions were reported by 57% of freelance riders versus 21% of employed riders.
If you have any questions about claiming compensation as a delivery driver for an accident at work, please speak to a member of our advisory team.
How To Show Your Employer Was At Fault
Evidence can help support claims for delivery driver accidents at work by showing employer liability and the injuries you experienced. As such, you might benefit from gathering the following:
- CCTV footage of the accident.
- Documents highlighting that the correct workplace manual handling training was not given.
- Photographs of any defective equipment and your injury if visible.
- Accident report logs.
- A diary that has your treatment and symptoms.
- Contact information of any witnesses of the incident.
- Medical record copies.
If you are connected to one of our solicitors, they can help you collect evidence for your case. Don’t hesitate to reach out today to learn more about the services a solicitor could offer and whether you could be eligible to benefit from their expertise.
How Much Could Delivery Drivers Claim For Accidents At Work?
Successful claims for delivery driver accidents at work can potentially be made up of up to two heads of claim – general and special damages.
General damages are the first head of claim and will compensate you for the impact of the injuries you have sustained, psychological and/or physical, including the affect on your quality of life and the pain and suffering you experienced as a result. Consideration is given to the following factors when valuing general damages, including:
- The severity of your pain.
- Quality of life changes.
- Your recovery time.
- The treatment you need.
To calculate the value of your general damages, your solicitor can use your independent medical reports and the compensation guides from the Judicial College or the ‘JCG’. The JCG is a document with guideline compensation brackets for varying injuries. However, if you have sustained whiplash, your injury could be valued in accordance with the tariffs set out in the Whiplash Injury Regulations 2021.
Injuries Table
The table below looks at how injuries suffered as a delivery driver could be compensation. In the top row, there is a figure that shows how settlements could consist of compensation for multiple severe injuries plus special damages. In the following rows, we look at a few compensation guideline figures from the JCG, with the last two rows providing examples of the whiplash tariffs from the Whiplash Injury Regulations. It should be noted that the top row is not from the JCG or the Regulations. Additionally, figures in the table are not guaranteed amounts because each case is valued individually.
| Injury | Severity | Guideline Compensation Brackets |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Serious | Up to £1,000,000+ |
| Brain damage | Very Severe (a) | £344,150 to £493,000 |
| Moderate (c) (ii) | £110,720 to £183,190 | |
| Back | Severe (a) (i) | £111,150 to £196,450 |
| Moderate (b) (ii) | £15,260 to £33,880 | |
| Leg | Severe (b) (i) | £117,460 to £165,860 |
| Severe (b) (ii) | £66,920 to £109,290 | |
| Chest | Damage to chest and lung(s) (c) | £38,210 to £66,920 |
What Are Special Damages And Could You Be Awarded Them?
Special damages are the potential second head of claim that could be included in your settlement if your receive general damages. They compensate you for the expenses resulting from your injury. For example:
- Past and future loss of earnings.
- Travel costs.
- Care costs.
- Medical costs
To ensure you recover these expenses, keep hold of any payslips, bank statements, invoices, and receipts.
Find out more about how accident at work compensation is calculated by calling our team on the number above.
Claim For Delivery Driver Accidents At Work With A No Win No Fee Solicitor
If you get in touch with our team of advisors, they can assess whether you’re eligible to make a workplace accident claim. If you are, they can connect you with one of our No Win No Fee solicitors who has experience handling claims for delivery driver accidents at work. They can provide their services under a Conditional Fee Agreement (CFA) which typically means the following:
- No upfront payment or costs for the work completed by your solicitor as the claim proceeds.
- You will pay your solicitor a success fee from your compensation. They will take this percentage automatically from your award. To ensure that you receive the maximum compensation, the success fee is subject to a legal limit.
- If the claim fails, you won’t pay this success fee.
Get In Touch To Claim For A Delivery Driver Accident
For further guidance on your potential claim for personal injury compensation, please contact an advisor. To do so, you can:
- Call 0800 073 8804.
- Use our ‘Claim Online‘ form.
- Use our live message box to chat with an advisor online.
Related Workplace Accident Claim Resources
More of our guides:
- Learn more about unloading delivery vans accident claims.
- Find out who would pay your medical bills following an accident at work.
- Read if you can claim if no training caused a lifting accident.
External guides:
- HSE – A guide to delivering safely.
- NHS – Information on pain and spinal injuries.
- GOV.UK – See if you can receive Statutory Sick Pay (SSP) if you have time off work from your injury.
Thank you for reading our guide on accident at work claims for delivery driver accidents. If you have any other questions, please contact an advisor on the number above.
