Are you a delivery driver or courier who has suffered injuries in an accident at work that wasn’t your fault? If you have had a delivery driver accident, you may be entitled to compensation. This guide explains what you need to know about claiming compensation for injuries sustained while on the job.
Delivery driver accidents can happen in a number of different ways. You may have had a slip or fall, which has caused a back injury, or you may have been bitten by a dog, resulting in a wound. We explain the circumstances in which you’d be able to make a personal injury claim for any of these.
If you meet the eligibility criteria to claim, you might like to know more about how personal injury compensation is calculated. We provide information on what is considered when your claim is valued, along with examples and illustrative figures.
Additionally, this guide takes a look at how a delivery driver or courier can launch legal action and claim the compensation they deserve. This includes a look at evidence to support your claim as well as how long it will take. Furthermore, we look at whether or not you’ll have to go to court.
No matter the injury, if you have experienced an accident as a delivery driver at work, on the roads or in a public place that wasn’t your fault, you could be eligible for compensation.
Contact Us
Our specialist panel of solicitors have years of experience advocating on behalf of delivery drivers or couriers who have been involved in an accident. Contact us to see how we may be able to help you start your claim. If you would prefer to speak with one of our friendly advisors, call us on 0800 073 8803. Alternatively, pop your question into our live chat.
Frequently Asked Questions
- What Are The Most Common Courier And Delivery Driver Accidents?
- Who Is Responsible For The Safety Of Delivery Drivers?
- Can I Make A Delivery Driver Accident Claim?
- How Much Compensation Could I Be Entitled To?
- How Do I Start A Claim For Delivery Driver Compensation?
- Can My Employer Dismiss Me If I Claim For A Courier Accident?
- Can Public Interest Lawyers Help Me?
- Learn More
What Are The Most Common Courier And Delivery Driver Accidents?
Below are a few examples of the most common delivery driver accidents. The examples listed are not an exhaustive list, and if you are unsure whether you have had a delivery driver or courier accident claim, contact us today to see whether you have a valid reason to seek compensation.
Manual Handling Injuries
As a courier or delivery driver, one of the main responsibilities related to the role is handling and offloading goods. This can involve:
- carrying heavy loads,
- moving items using a roll cage,
- loading or offloading a vehicle.
Using improper handling techniques can result in injury. If your employer fails to give you adequate training, which results in a manual handling injury, you could be eligible for compensation.
Slips, Trips And Falls
Delivery locations can vary, from office buildings to homes and even building sites. Any of these could be potentially hazardous locations. Whether this be an uneven pavement or a wet and slippery delivery address, you may have slipped or tripped at the fault of someone else.
Extreme Weather Exposure
Delivery drivers or couriers can be exposed to extreme weather conditions, such as heat waves in the summer or harsh conditions in the wintertime. In addition to the cold in winter, icy road conditions present further hazards, as do sudden heavy rain showers in the summer. This could result in an increased risk of accidents, heat stroke or hypothermia, which can lead to a number of delivery driver accidents.
Animal-Inflicted Injuries
You may have experienced an animal-related injury in a delivery driver accident; this is most often a dog bite injury. Animal-inflicted injuries can cause a range of complications, including pain and suffering.
The Royal Society for the Prevention of Cruelty to Animals (RSPCA) outlines that between 1999 and 2019, hospital admissions for dog bites increased by 154%.
Dog bites can have lasting effects such as:
- Puncture wounds, which may lead to scarring
- Nerve damage
- Psychological damage
Theft, Aggression And Violence
As a delivery driver or courier, you are at higher risk of theft, aggression and violence. You may have to deliver early in the morning or late at night, which exposes you to a higher risk of danger in these situations. Furthermore, you may also work alone, which can also increase your risk of theft and violence.
Impact On Mental Health
If you are a delivery driver or courier, you can be expected to work long, tiring hours. As well as working long hours, you may have to meet tight deadlines, which can be a cause of stress and fatigue. This can have a huge impact on your mental health. If your mental health has suffered as a result of your delivery driver job, you may be entitled to compensation.
Road Traffic Accidents
Due to the nature of the job, road traffic accidents are also very common for delivery drivers and couriers. This is a result of the amount of time you spend on the roads, which is typically higher than other drivers and cyclists. Additionally, some drivers, as previously mentioned, will have deadlines and targets to meet, which can lead to an increase in speeding and, therefore, an increase in the risk of road traffic accidents.
The New Whiplash Regulations
Certain claims for road traffic accidents must be made under the Whiplash Reform Programme. To claim compensation using this avenue:
- The delivery driver accident must have occurred in England or Wales.
- Further, you must have been the driver or passenger of a motor vehicle.
- You must be at least 18 years old on the date of the accident.
- The value of the injuries sustained must be £5,000 or less.
These Reforms also changed how value is applied to a whiplash injury. Instead of using the traditional method (explained later on in this guide), whiplash will be valued using a set tariff found in the Whiplash Injury Regulations 2021.
However, anyone who meets the above criteria, including delivery drivers and couriers, must claim through the Reform Programme even if they did not suffer whiplash. For example, if you sustained broken ribs in the accident, and the value of the injury does not exceed £5,001, you will still claim in this manner.
Please speak to a member of the advisory team to assess whether your claim could be made through the Whiplash Reform Programme.
Who Is Responsible For The Safety Of Delivery Drivers?
Determining who is responsible for the safety of delivery drivers depends on where the accident happened.
If you are employed as a delivery driver or courier and use a vehicle owned by your employer, you will be owed a duty of care by them. Employers have a duty of care to take reasonably practicable steps to ensure employee safety, according to the Health and Safety at Work etc. Act 1974 (HASAWA).
Whereas, if the injury occurred in a road traffic accident, there is a shared duty of care owed by all drivers (and road users) to keep other road users reasonably safe. To comply with the duty, drivers must comply with the Road Traffic Act 1988 and the Highway Code.
You may have had an injury on public property, such as a slip on a defective pavement. In these cases, you could launch a public liability claim against the occupier of the space in which the accident occured. The Occupiers’ Liability Act 1957 outlines that the person who is in control of a public place is legally responsible for ensuring reasonable safety to visitors of that public place.
If you are unsure of liability for your injuries sustained in a delivery driver accident, speak to one of our advisors. They could help establish liability as part of a free consultation.
How Can Courier And Delivery Driver Accidents Be Prevented?
There are a number of risk assessments which can be taken to prevent courier and delivery driver accidents. A few examples are:
- Adequate training on lifting techniques to avoid manual handling injuries
- High visibility vests, to encourage safety when delivering early or late
- Regular vehicle maintenance and checks of ratchets, and other movable parts of your vehicle
- Ensure breaks are often taken whilst driving, to prevent road traffic accidents
Can I Make A Delivery Driver Accident Claim?
There are three characteristics which must be present for you to make a delivery driver accident claim, and it must be proven that negligence has occurred:
- A duty of care was owed to you by your employer, an occupier, or a road user
- This duty was breached
- It can be shown that you suffered injury as a result of this breach
If you are unsure whether your claim meets these criteria, contact us today to see how our experienced panel of solicitors can assist you and discuss claim validity.
Can I Claim If I Was Riding A Bike, Motorbike Or Scooter?
Yes, you are still eligible to claim if you were riding a bike, motorbike or scooter. If you were performing duties required as part of your job, and were injured as a result of someone else’s negligent actions, you are still able to claim.
If you are unsure whether you might have a valid claim, contact us today and one of our helpful advisors will assist you.
I’m Self-Employed, Can I Still Claim?
If you are self-employed, you may think you do not have the same rights as an employee. However, you are still able to claim compensation if you have been injured at the fault of someone else. As per the HASAWA, self-employed, zero hour and agency workers are owed the same duty of care as that owed to full time employees.
Can I Claim On Behalf Of Another Person?
Yes, you can make a claim on behalf of another person. You would need to be appointed as what’s known as a litigation friend. A litigation friend can only be used in 2 circumstances:
- The claimant is under 18 years of age
- The claimant does not have the mental capacity to claim for themselves
How Much Compensation Could I Be Entitled To?
You might be asking how much compensation you might be entitled to. In cases of delivery driver accidents, your compensation amount will be directly affected by the severity of the injury you have sustained. For example, if you have experienced a severe brain or head injury, you may be entitled to anywhere between £344,150 and £493,000 as per the Judicial College Guidelines (JCG). However, other factors will determine your overall settlement.
There are two heads of claim in personal injury cases: general and special damages. General damages account for the amount of pain and suffering you have experienced, as well as any loss of amenity. The JCG offer assistance to professionals when determining general damages.
Legal professionals will refer to a number of different sources to help determine your compensation award. As previously mentioned, one of these sources is the JCG, which offers brackets of guideline compensation amounts for different injuries. Please note that these are just guideline figures, and the first entry of the table is not taken from the JCG. We’ve also included two tariffs from the Whiplash Injury Regulations at the bottom of the table.
| Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Severe | Up to £1,000,000+ |
| Injuries Affecting the Senses | Total Blindness and Deafness | In the region of £493,000 |
| Paralysis | Tetraplegia | £396,140 - £493,000 |
| Paralysis | Paraplegia | £267,340 - £346,890 |
| Brain Injury | Very Severe | £344,150 - £493,000 |
| Chest Injury | Serious | £122,850 - £183,190 |
| Severe Post Traumatic Stress Disorder | Severe | £73,050 - £122,850 |
| Whiplash Tariff | Symptoms lasting 18-24 months + minor psychological injuries | £4,345 |
| Whiplash Tariff | Symptoms lasting 18-24 months | £4,215 |
Special damages are calculated based on loss of earnings or future earnings, and primarily function to put you back in the same financial position you were in before the accident. Although you will need documentation to prove your expenses, such as receipts and invoices, other items you could claim for include:
- Nursing and carer costs.
- Home and vehicle adaptions.
- Medical expenses and prescriptions.
- Domestic help, such as with childcare, cooking and cleaning while you recover.
One of our advisors can discuss special damages and what out of pocket costs you could recover as part of your courier or delivery driver accident claim.
How Do I Start A Claim For Delivery Driver Compensation?
In order to start a claim for a delivery driver accident, you will need supporting evidence. This can be in the form of:
- CCTV evidence or dashcam footage
- Photos of the injuries sustained
- If involved in a road traffic accident, the number plate and details of the other party involved, including insurance information
- Medical records to outline the injuries suffered
- Contact details of any witnesses, to obtain statements at a later date
The time limit you have to make a claim for a delivery driver accident is 3 years from the date of the accident, as per the Limitation Act 1980.
If you’re not sure whether your claim falls within the time limit, contact us today to see how we can assist you.
How Long Will It Take For My Claim To Finish?
The duration of each claim of injury can vary. This is due to the nature of the claim, the complexities involved, and how long it takes for you to recover from the injuries you have suffered.
In some cases, you may receive compensation in a matter of months. In more complex cases, where liability is denied, it can take a longer time for the claims process to finish.
Will I Need To Go To Court?
Insurance companies and legal representatives will try to avoid the need to go to court, meaning they will aim to work together and reach a suitable settlement amount with which both parties are satisfied.
In the event that an amicable settlement figure cannot be reached or liability has not been admitted, the requirement to go to court may be a possibility.
Our expert panel of solicitors have years of experience acting as advocates on behalf of people who have been involved in an accident. Contact us today to see how they could help you.
Can My Employer Dismiss Me If I Claim For A Courier Accident?
We understand it may feel uncomfortable or awkward to bring a claim against your employer or their insurance company, but your employer cannot infringe your legal right to start a claim.
Can Public Interest Lawyers Help Me?
Here at Public Interest Lawyers, our specialist panel of solicitors work alongside a range of medical professionals who can help assist you through your recovery process. Not only do we work alongside fantastic medical professionals, but our friendly advisors will connect you with a solicitor who is best equipped to manage your claim, to ensure you receive the best legal representation possible.
Our panel of solicitors work on what is commonly known as a No Win No Fee basis, under a Conditional Fee Agreement, which means you would not have to pay for their services upfront.
Using a No Win No Fee solicitor to support your claim can reduce the financial risks associated with legal representation. If your claim is successful, you would only pay for the solicitor’s services at the end of the claim. This is otherwise known as a success fee, which would be deducted from your compensation. If your claim were unsuccessful, you would not need to pay for the solicitor’s work on your claim.
Contact Us
We hope that our guide on how to claim for a delivery driver accident has been useful today, but if you have any questions, please contact us today on 0800 073 8803, or fill out our contact us form. Alternatively, our advisors are available via live chat around the clock.
Learn More^^
- How to claim for an accident in public toilets
- Read our guide on how to claim for a car crash on the motorway
- Guidance on whether you get full pay if injured at work.
External Resources
- How to claim Statutory Sick Pay from the government.
- Health and Safety Executive information on delivering safely.
- Guidance on providing first aid from the NHS.