Manhattan Delivery Worker Injuries: Your Rights Whether You Deliver Food, Packages, or Anything Else

Manhattan depends on delivery workers. An estimated 65,000 people deliver food via apps like Uber Eats, DoorDash, and Grubhub. Thousands more deliver packages for Amazon, FedEx, UPS, and USPS. Restaurant delivery workers ride bikes through every neighborhood. Wholesale delivery drivers supply stores and restaurants. Together, you keep Manhattan running—but your work is dangerous.

If you were injured while delivering anything in Manhattan, this guide explains your legal rights and how to get the compensation you deserve.


The Different Types of Delivery Workers in Manhattan

Food Delivery (App-Based)

  • Uber Eats
  • DoorDash
  • Grubhub/Seamless
  • Postmates
  • Relay
  • Fantuan
  • Hungry Panda

Usually on e-bikes or bicycles, labeled “independent contractors,” paid per delivery, face extreme time pressure.

Food Delivery (Restaurant-Based)

  • Chinese restaurants
  • Pizza shops
  • Delis and bodegas
  • Korean restaurants
  • Any local restaurant

Usually on e-bikes/bikes, often paid cash plus tips, may be considered employees.

Package Delivery (Major Companies)

  • Amazon (Amazon Flex, DSP drivers)
  • FedEx (Express, Ground, contractors)
  • UPS
  • USPS
  • DHL

Drive vans/trucks, may be employees or contractors, deliver hundreds of stops daily.

Package Delivery (Smaller Services)

  • Local courier services
  • Same-day delivery companies
  • Medical supply delivery
  • Pharmacy delivery

Various vehicles, mixed employment status.

Wholesale/Commercial Delivery

  • Restaurant supply delivery
  • Beverage distributors
  • Laundry services
  • Flower delivery
  • Grocery/produce suppliers

Usually driving trucks/vans, often employees with workers’ comp coverage.

Each Type Has Different Legal Rights—But All Have Rights


Common Manhattan Delivery Worker Accidents

E-Bike and Bicycle Accidents

  • Hit by cars, taxis, buses, trucks
  • Doored by parked vehicles
  • Potholes and road defects
  • Hit-and-run incidents
  • Pedestrians stepping in front of bikes
  • Other cyclists colliding

Delivery Van/Truck Accidents

  • Crashes with other vehicles
  • Backing over pedestrians
  • Sideswipe accidents in narrow streets
  • Rollovers
  • Loading dock accidents

Slip and Fall Accidents

  • Slipping on ice/snow on sidewalks
  • Wet floors in building lobbies
  • Broken stairs in apartment buildings
  • Elevator malfunctions
  • Loading dock falls

Dog Bites

  • Customer’s dogs attacking delivery workers
  • Building dogs in hallways/lobbies
  • Unleashed dogs on streets

Overwork Injuries

  • Repetitive stress injuries (shoulders, back, knees)
  • Lifting heavy packages
  • Climbing stairs repeatedly
  • Heat exhaustion/dehydration
  • Frostbite in winter

Manhattan Neighborhoods Most Dangerous for Delivery Workers

Midtown

Heaviest delivery traffic, most restaurants, most offices receiving packages. Dense traffic creates constant accidents on Eighth Avenue, Seventh Avenue, Broadway.

Upper West Side

Elevator buildings with no doormen, stairs to climb, narrow bike lanes constantly blocked. Amsterdam and Columbus Avenues see frequent delivery worker injuries.

East Village/Lower East Side

Walk-up buildings (no elevators), narrow streets, heavy nightlife traffic with drunk pedestrians. First Avenue and Second Avenue accidents involving delivery workers.

Financial District

Office building deliveries, narrow streets, aggressive drivers rushing during business hours. Heavy package delivery traffic.

Harlem

Walk-up buildings, long distances between deliveries, speeding traffic on 125th Street and major avenues.

Washington Heights/Inwood

Hills create risks for overloaded delivery bikes, long-distance rides from Manhattan’s northern neighborhoods.


Your Legal Rights as a Delivery Worker (By Type)

Food Delivery App Workers (Uber Eats, DoorDash, Grubhub)

Even though apps call you “independent contractor”:

  • App Insurance: DoorDash and Uber Eats may provide occupational accident insurance if you’re injured during active deliveries. Grubhub provides minimal or no coverage.
  • Personal Injury Claims: If another driver/person caused your accident, sue them regardless of contractor status.
  • Workers’ Compensation (Sometimes): If you work primarily for one restaurant that uses an app for deliveries, you may qualify as an employee.
  • No-Fault Insurance: Your own car insurance (or a family member’s) may cover bike/pedestrian injuries.
  • MVAIC (Hit-and-Run): If the driver fled the scene, you might file a state fund claim.

Restaurant Delivery Workers

  • Workers’ Compensation: Most restaurant delivery workers are employees entitled to workers’ comp for job-related injuries:
    • Covers medical bills
    • Pays lost wages (generally up to 2/3 of wages)
    • Compensation for permanent disabilities
    • Death benefits for families
  • Personal Injury Claims: In addition to workers’ comp, sue third parties who caused injuries (other drivers, property owners, dog owners).
  • Employer Liability: If a restaurant employer didn’t have workers’ comp insurance (illegal), you can sue the restaurant directly for full damages.

Package Delivery Company Employees (UPS, USPS, Some FedEx)

  • Workers’ Compensation: The company may provide workers’ comp for on-the-job injuries.
  • Personal Injury Claims: Sue third parties (other drivers, property owners) in addition to workers’ comp.
  • Federal Claims (USPS Only): Federal employees have special claims process under Federal Employees’ Compensation Act.

Package Delivery Contractors (Amazon Flex, FedEx Ground, Amazon DSP)

  • Company Insurance (Sometimes): Some Amazon DSP (Delivery Service Partner) companies provide limited insurance. Amazon Flex provides occupational accident coverage.
  • Workers’ Compensation (Maybe): Despite “contractor” label, a court may find that the worker is actually an employee entitled to workers’ comp.. Case-by-case determination.
  • Personal Injury Claims: Sue third parties who caused injuries.
  • No-Fault Insurance: Use own/family car insurance.

What Compensation Can Delivery Workers Recover?

Workers’ Compensation (If Covered)

  • All medical treatment (no co-pays)
  • Lost wages (generally up to 2/3 of average wage)
  • Permanent disability benefits (lump sum or ongoing)
  • Vocational rehabilitation if can’t return to same work
  • Death benefits for family

Personal Injury Claims (Against Third Parties)

  • Medical expenses
  • Lost wages
  • Pain and suffering (not available through workers’ comp)
  • Loss of quality of life
  • Permanent disability compensation
  • Future lost earning capacity

Multiple Sources

Many delivery workers can receive BOTH workers’ comp AND personal injury compensation. Hypothetical example:

Chen delivers for Chinese restaurant. Hit by car while delivering. He receives:

  1. Workers’ comp: Medical bills + 2/3 wages
  2. Personal injury settlement from driver: $85,000 for pain/suffering

Total compensation far exceeds what he’d get from just one source.


Common Problems Delivery Workers Face

Problem #1: “You’re Not an Employee”

Companies (especially apps and Amazon) fight workers’ comp claims by claiming contractor status.

Solution: New York courts increasingly find these workers ARE employees despite labels. We fight misclassification.

Problem #2: “We Don’t Provide Insurance”

Some restaurants and small delivery services have no insurance (illegal).

Solution: Sue the company directly. State has funds to compensate when companies illegally lack workers’ comp.

Problem #3: “You Were Off the Clock”

Company claims injury happened before/after work hours or during unauthorized activity.

Solution: “Course of employment” is broadly defined. We prove work connection.

Problem #4: “No Documentation of Income”

Workers paid cash/tips have trouble proving lost wages.

Solution: We document income through bank records, restaurant/customer statements, and other evidence.

Problem #5: “You’re Undocumented, You Have No Rights”

False. Immigration status doesn’t affect injury claim rights.

Solution: We’ve successfully recovered millions for undocumented clients. Your status is irrelevant to legal claims.


What to Do After a Manhattan Delivery Worker Injury

Immediate Steps:

  1. Get Medical Help: Don’t work through injuries. Seek treatment immediately.
  2. Report to Employer/Company:
    • Restaurant workers: Tell boss immediately
    • App workers: Report in app and tell a supervisor
    • Package company: Follow company reporting procedures
    • You should report a work injury to your employer as soon as possible, but no later than 30 days from the date of injury.
  3. Document Everything:
    • Photos of accident scene
    • Photos of injuries
    • Witness information
    • Police report if applicable
  4. Don’t Sign Anything: Companies may try to get you to sign releases or agreements. Don’t sign without lawyer review.
  5. Save Evidence:
    • Delivery receipts
    • App screenshots showing active delivery
    • Messages with customers/dispatcher
    • Work schedules

Within Days:

  1. Contact Lawyer: Delivery worker cases involve multiple legal systems (workers’ comp, personal injury, insurance claims). Professional help is critical.
  2. File Workers’ Comp Claim (If Applicable): Must file within 30 days.
  3. Preserve App Data: For app workers, screenshot all earnings, deliveries, and trip data before it gets deleted.

Hypothetical Manhattan Delivery Worker Examples

Driver Backed Over Pedestrian

Imagine a van driver backed over a pedestrian while delivering in FinDi. The pedestrian suffers a crushed leg and needs surgery.

The delivery company will try to claim the driver was an “independent contractor” and not their responsibility. However, by showing the company exercises significant control over the driver, the pedestrian will likely still be able to recover.

Restaurant Delivery Worker Hit by Car

Now, picture a young delivery worker on an e-bike gets hit by a taxi on Fourth Avenue. The restaurant has no workers’ comp insurance.

We can still file a workers’ comp claim through the state fund AND sue the taxi driver.

Uber Eats Cyclist Doored

Finally, imagine a delivery cyclist gets doored. They will likely suffer broken bones and facial injuries, maybe even requiring plastic surgery.

We can file an Uber Eats occupational accident insurance claim AND sue the driver who opened the door.


Special Rights You May Not Know About

Right to Choose Your Doctor (Sometimes)

In workers’ comp cases, you can sometimes switch to different doctor if you are unhappy with treatment.

Right to Vocational Rehabilitation

If your injury prevents you from returning to delivery work, workers’ comp may pay for retraining in a different career.

Right to Sue Unsafe Apps/Companies

If a company’s policies created unsafe conditions (impossible time requirements, inadequate safety training), you may have additional claims beyond standard workers’ comp.

Right to Compensation for Assault

If you were robbed or assaulted during a delivery, you may have:

  • Workers’ comp claims
  • Crime victim compensation fund claims
  • Premises liability claims against building/property where assault occurred
  • Claims against perpetrator (if caught)

Why Delivery Workers Need Lawyers

Complex Multiple Claims

You may have 3-5 different claims from one accident. Miss any and you lose money.

Companies Fight Back

Amazon, FedEx, and other delivery apps have lawyers fighting your claims. You need experienced lawyers fighting for you.

Immigration Protection

If you’re undocumented, you need lawyers who understand how to protect your status while pursuing claims.

Maximizing Compensation

Lawyers recover 3-4 times more than unrepresented workers, even after fees.

Evidence Preservation

App data gets deleted. Surveillance footage gets erased. Immediate legal action preserves evidence.


How the Law Office of Steven Louros Protects Manhattan Delivery Workers

For over 50 years, we’ve fought for workers injured on the job:

We speak your language: Chinese (中文), Korean (한국어), Spanish (Español), English

We understand all delivery types: Food, packages, wholesale—we handle them all

We fight misclassification: Proving “contractors” are really employees

We protect immigrants: Thousands of successful cases for undocumented workers

We work on contingency: No fees unless we win

We handle:

  • Workers’ compensation claims
  • Personal injury lawsuits
  • Hit-and-run MVAIC claims
  • No-fault insurance claims
  • App occupational accident insurance
  • Employer liability for missing insurance
  • Premises liability claims
  • Dog bite claims
  • Assault/robbery claims

Our results:

  • Over $500 million recovered
  • Workers’ comp benefits for “independent contractors”
  • Full compensation for undocumented delivery workers

Don’t Wait—Deadlines Are Strict

  • Workers’ compensation: Report to your employer/supervisor within 30 days
  • Personal injury: There is a statute of limitations “deadline” to file suit, e.g. 3 years, and shorter deadlines may apply.
  • Notice of Claim (government vehicles): 90 days
  • App insurance: Report immediately

Free Consultation in Your Language:

(212) 481-5275

No fees unless we win. No upfront costs.

You deliver for Manhattan every day. When you’re injured delivering, you deserve full compensation—not excuses from companies trying to avoid responsibility.

Call today. Your work matters. Your injuries matter. Your rights matter.

Contact Mr Steven Louros, Esq
for free consultation

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