Do Amazon Flex Workers Have Protection When Injured?

Law Offices Of Kropach & Kropach

Most people do not realize an intricate delivery system is in place when they click the order button on Amazon. Whereas Amazon used to rely on legacy shipping carriers, such as UPS, FedEx, and the USPS. However, they now have their own shipping fleet. They own more than 80,000 large trucks and they also rely on independent “Amazon Flex” drivers to get the packages to where they need to be on time. But what happens if these independent drivers are injured? Are they covered through workers compensation?

At the Law Offices of Kropach & Kropach, our Los Angeles workers compensation attorneys are ready to help figure out whether you are entitled to coverage for an on-the-job injury.

How amazon is getting around workers compensation for delivery drivers

When your Amazon package is delivered to your door, in what you hope is the correct delivery timeframe, chances are the delivery person does not work for Amazon or any of the traditional delivery carriers. They may be what are called Amazon Flex drivers. You can think of these drivers as the Uber and Lyft of delivery. They are independent contractors who pick up shifts and deliver packages during that shift.

However, even though these drivers are exposed to the same workplace risks as any other delivery driver, they typically will not receive any workers compensation benefits in the event they are injured on the job. That is because they are technically classified as independent contractors and therefore not eligible for any employee benefits. Amazon sees this as a cost-cutting measure. However, for those injured, this can be a nightmare.

What are the parameters of assembly bill 5?

California passed AB 5 last year, and the law took effect on January 1, 2020. This law codified a previous California Supreme Court decision that more strictly defined when a worker could be classified as an independent contractor. They use the ABC test to make this determination.

  1. The worker must be free from the control and direction of the hiring entity in connection with their job performance.
  2. The worker must perform work that is outside the usual course of the hiring entity’s business.
  3. The worker is customarily engaged in an independently established trade or occupation of the same nature as the word they are performing for the entity.

When examining those factors, it is clear that Amazon Flex drivers should be classified as employees and, therefore eligible for workers compensation and other benefits.

We are ready to help you through this

If you or somebody you care about has been injured while working as an independent contractor in California, you may struggle to secure the compensation you need. At the Law Offices of Kropach & Kropach, our team wants to help you through this. California employment law has changed, and you may be entitled to workers compensation. Let us investigate your case and work to secure the following:

  • All of your medical expenses
  • Lost income if you cannot work
  • Pain and suffering damages
  • Loss of enjoyment of life damages
  • Possible short- or long-term disability

When you need a Los Angeles workers compensation lawyer, you can contact us for a free consultation by clicking here or calling us at 818-609-7005.

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