What Are My Rights as an Amazon Truck Driver if I am Involved in an Accident?

You are out there delivering packages day after day, navigating traffic while meeting tight deadlines and trying to keep your customers happy. Therefore, when you are involved in a truck accident while making deliveries, it is natural to feel overwhelmed and confused about what happens next, especially when you are trying to manage pain and worrying about your paycheck.

Do I Actually Qualify for Workers’ Compensation Benefits?

If you are an employee of Amazon or working for a Delivery Service Partner (DSP), you almost certainly qualify for Workers’ Compensation when you get hurt on the job. This no-fault system is fundamentally different from personal injury lawsuits because you do not have to prove someone was negligent; instead, you simply need to demonstrate that your injury happened while you were working.

If I’m an Amazon Flex Driver, Do I Qualify?

Amazon Flex drivers often get classified as independent contractors rather than traditional employees, which creates a trickier situation with fewer protections. However, Amazon maintains remarkably tight control over how Flex drivers conduct their work, dictating routes through its app, monitoring performance metrics continuously, requiring specific vehicle branding, and enforcing strict delivery quotas.

When there is this much operational control over how you work, courts have increasingly recognized that even if you have been called an independent contractor, you might actually qualify for employee-level protections and Workers’ Compensation coverage.

What Benefits Can I Receive?

When you file a Workers’ Compensation claim, the insurance should cover all your medical expenses related to your injuries, including emergency care, surgeries, appointments, physical therapy, and follow-up care. You are also entitled to wage replacement benefits that typically provide roughly two-thirds of what you normally earn per week while you are unable to work.

Who Pays for Everything After an Amazon Vehicle Incident?

After an accident in New Jersey, your auto insurance’s personal injury protection (PIP) coverage kicks in first and pays your medical bills regardless of fault. Most people carry the state-required minimum of $5,000 in PIP, though you may carry additional limits. Once your PIP runs out, Workers’ Compensation should take over if your accident happened while working.

Amazon requires all its DSPs to maintain at least $1 million in commercial auto liability insurance, and when you are actively making Flex deliveries, Amazon’s commercial auto insurance provides additional protection.

What Happens if My Claim Gets Denied?

DSPs and their insurance companies sometimes deny claims by arguing that your injuries were not work-related or that you were really an independent contractor. If you face a denial, you have a legal right to challenge that decision with proper representation.

How Much Time Do I Have to File?

In New Jersey, you have a two-year window from the date of your accident to file a personal injury lawsuit, whereas you must report Workers’ Compensation claims to your employer as soon as possible. Missing these critical deadlines can mean permanently losing your right to compensation.

Somerset County Truck Accident Lawyers at Rebenack Aronow & Mascolo L.L.P. Can Help With Your Accident

If you have been hurt in an accident while driving for Amazon, your recovery deserves attention from people who know this specific area of law and understand the unique challenges delivery drivers face. Trust the experienced Somerset County truck accident lawyers at Rebenack Aronow & Mascolo L.L.P. to advocate for you. Call us at 732-247-3600 or fill out our online form for a free consultation. Our office locations are in New Brunswick, Somerville, and Manalapan, New Jersey, and we proudly serve clients in the surrounding areas.