Slip and fall accidents can have serious consequences, even when we don’t consider them serious accidents. We can suffer from this type of disaster at any time and anywhere. Instacart or Postmates buyers are no exception. In a store, they can face different risk situations due to wet floors, recently mopped or waxed floors or debris. These injuries may also occur on the street and sidewalks due to holes, uneven surfaces, water, and debris.
Many of us know that we can sue in these types of cases to get compensation for personal injury as workers. But what happens in the case of a Postamates or Instacart worker who is on the clock?
Regardless of the severity of their injuries, or how the accident occurred, or that it happened while working buying or delivering, these contractors are governed under a form of Independent Contractors Agreements with the company they work for.
In these contractor agreement, it is clear that the person works for the respective company entirely independently, and NOT as an employee. Therefore, you cannot obtain any benefit or compensation that other employees would commonly have. These benefits include paying taxes, health insurance, vacations, workers’ compensation, and disability insurance. These contractor agreements, it makes known that there is no type of employee-boss relationship with the company or with a third party. Thus under the contract agreements, Instacart and Postmates contractors are helpless in the event of suffering from an accident during their business hours.
The only way to have insurance in case an accident occurs is if the contractor buys it themselves, which may not be very profitable because not everyone works the hours equivalent to a full working day.
However, they do have an option. That of filing a complaint against the store, business, or property in which the accident occurred through the premises liability laws that holds the property owners responsible for maintaining a safe environment for their patrons, including delivery contractors.
If you need a personal injury attorney, contact Karns & Karns in Downtown Los Angeles today. Our experienced law firm and attorneys will help you get the justice and compensation you deserve!