As a delivery driver, you are on the road every day, and the risk of a traffic accident is unfortunately higher than average. Whether you work on a moped, scooter, bicycle, or electric bicycle, traffic accidents can have serious consequences. Both physically and financially, this can have a major impact. That is why it is essential to know what your rights are after an accident at work and how you can claim compensation for your injuries.

Compensation for an Accident as a Delivery Driver

Have you had an accident while working as a delivery driver and sustained injuries? Then you need not worry. Your employer is in most cases liable for your personal injury damages, even if the accident was your own fault. This is because many employers have a special Occupants’ Damage Insurance (SVO insurance) have taken out, which covers your losses if you have an accident during working hours.

Has your employer not taken out insurance? Then the employer can still be held liable for the damage you have suffered while carrying out your work.

Important to know: As a delivery driver, you almost always have the right to compensation for the personal injury you incur, even if you are at fault for the accident.

Common Injuries Among Delivery Drivers

As a delivery driver, especially when you travel on two-wheelers such as scooters or bicycles, you are at increased risk of serious injuries in an accident. Common injuries among delivery drivers include:

• Bone fractures (arm, leg, hand, foot)
• Bruised or broken ribs
• Hip fractures
• Internal injuries
• Concussion or brain injury
• Whiplash and neck complaints
• Cosmetic damage and scars

These injuries can have significant medical and financial consequences. It is therefore crucial that you are well informed about your rights and options to claim compensation.

Financial Consequences of an Accident

An accident often has not only medical consequences, but also financial consequences. Consider the following:

• Loss of income because you are temporarily unable to work
• Medical expenses such as treatments, medications, or hospital visits
• Damage to personal property such as a helmet, clothing, or a phone
• Travel expenses for medical appointments and treatments
• Pain and suffering compensation for pain, suffering, and loss of enjoyment of life

These costs can quickly add up, especially if recovery takes a long time or you sustain permanent injury. That is why it is very important to seek advice as soon as possible about claiming your compensation.

What to Do After an Accident as a Delivery Driver?

After an accident, it is important to take immediate action to protect your rights. Here are the steps you can follow:

1. Have your injury medically assessed: Go to a doctor as soon as possible. This not only helps with your recovery, but the medical record is also important for determining your personal injury damages.

2. Report the accident to your employer: Your employer must be informed of the accident so that an insurance claim can be filed if necessary.

3. Collect evidence: Take photos of the accident scene and collect witness statements if possible.

4. Seek legal advice: Consult a personal injury lawyer. At Arslan & Arslan Advocaten, we offer free legal advice and help you at every step in the process.

Is Your Employer Liable?

In most cases, your employer is liable for an accident that occurs during working hours. This applies not only to accidents involving another party, but also to single-vehicle accidents, such as a fall due to poor road conditions or defective brakes. Even if the accident was caused by your own fault, your employer may be liable.

Real-life example:
A food delivery courier was injured when he slid on a wet road surface on his scooter because the tires were slick. The employer was held liable because the scooter had not been properly maintained. The judge ruled that the employer was responsible for the maintenance and that the damages had to be fully compensated.

Rights with a zero-hours contract or as a self-employed (ZZP) worker

Even if you work under a zero-hours contract, a temp agency contract, or as a self-employed (ZZP) worker, you are entitled to compensation after a workplace accident. Even if you work as a self-employed person, the employer can still be held responsible for the injury you sustain during working hours.

In a recent ruling by the Supreme Court, it was confirmed that an agreement between a courier and Deliveroo can be equated with an employment contract. This means that even self-employed workers are entitled to compensation for personal injury during working hours.

When Is the Employer Not Liable?

There are a few exceptions in which the employer cannot be held liable:

• If the accident was caused by willful recklessness or intent on your part.
• If the accident occurred during commuting, unless there are exceptional circumstances.

Get Free Legal Assistance

It can be difficult to claim your compensation, especially if your employer is not willing to cooperate. Fortunately, Dutch law gives you, as a delivery driver, the option to obtain free legal assistance in personal injury cases. We are happy to help you obtain the maximum compensation you are entitled to, at no cost to you.