Did You Slip on Ice During a Delivery? These Are Your Rights Under NY Workers’ Compensation Law

Winter is the season when delivery drivers, couriers, and other service workers need to be careful. Compared to mild-temperature days, cold days could see up to 10% more accidents and workers’ compensation claims. This is especially true in icy conditions, where a single slip could keep workers off the job for months.

If you’re a delivery driver who’s recently been injured after slipping on ice, you may be eligible for New York’s workers’ comp benefits. Learn more about what you need to qualify and how a lawyer can help with your claim.

Why Do Delivery Workers Face A Higher Risk During Winter?

Delivery workers have a naturally high-pressure job. They need to follow tight schedules, especially during holidays when there’s a higher volume of packages. Combine this stress with:

• Slippery sidewalks and driveways
• Poorly maintained homes and properties
• Heavy snow and ice storms
• Poor visibility due to early darkness or snow buildup

And it’s no surprise that many delivery workers experience more injuries during this season. These conditions make even simple routes far more hazardous than usual, which are largely out of the worker’s control.

Are You Covered If You Slip on Ice While Working?

Yes, workers’ comp can cover you if you’ve been in this type of accident. However, not every case will be eligible. To qualify for benefits, the board needs to see that you were:

• On the clock during the time of the incident
• Performing assigned job duties
• Following safety procedures
• In an area required for your job

Another factor is whether you’re employed or an independent contractor. In this case, you’ll need to go through your own insurance to receive benefits. However, some companies might incorrectly label their workers as independent contractors while still requiring them to follow a strict schedule, use company equipment, or report to a supervisor.  

If you’re in this situation, you still may have the right to qualify for benefits. An experienced workers’ compensation lawyer can review your case’s details and see if you’re eligible despite your official job status.

Can You Sue the Property Owner Instead?

In some cases, you can sue the property owner for additional compensation. Also known as a third-party claim, this is often filed alongside benefits if you can prove someone other than your employer was responsible for your injuries. A few cases where you might file an additional claim include:

• A homeowner not clearing ice or snow from their driveway
• A property owner not salting the road or maintaining the store’s entrance
• Someone ignoring safety hazards despite being warned
• The fall happened on private property that wasn’t directly controlled by your employer

In cases like these, third-party claims can help you recover damages beyond workers’ comp, including emotional damages or pain and suffering.

How A Workers’ Compensation Lawyer Can Help

Even when you take every precaution, slipping on ice can be something beyond your control. Our Long Island and New York City work-related injury attorneys have decades of experience helping delivery drivers and other injured workers protect their rights. Please contact us online or at 855-208-7783 to schedule a free consultation with us today.