Can Seasonal Delivery Drivers Get Workers’ Comp in California?

 Posted on October 30, 2025 in Workers' Compensation

Delivery companies across California hire thousands of seasonal drivers during the busy holiday season. These workers often face long hours, heavy lifting, and risky driving conditions. If you are hurt while working as a seasonal delivery driver, you may qualify for workers’ compensation benefits. The experienced Hollister, CA workers’ compensation lawyers at Cramer + Martinez can help you understand your rights and handle the claims process for you.

What Does California Workers’ Comp Cover for Delivery Drivers?

Workers’ compensation insurance pays for your medical care if you are hurt on the job. It also covers part of your lost wages while you recover. If you cannot return to your regular work, it provides disability benefits to help support you.

Under California Labor Code § 3600, employers must provide benefits for any injury that happens "in the course of employment." This means that if you are injured while loading your vehicle, delivering packages, or driving a company route, your injury is usually covered. Workers’ compensation is a "no-fault" system. That means you do not have to prove your employer did anything wrong to receive benefits.

Are Seasonal or Temporary Delivery Drivers Eligible for Workers’ Compensation in California?

Many seasonal drivers worry that their short-term or part-time status affects their rights. In California, most employers are legally required to have workers’ compensation insurance. This law applies to full-time, part-time, and temporary employees.

Your eligibility depends on how your job is classified. If the company controls your hours, routes, and equipment, you can likely be considered an employee, not an independent contractor. Under California Labor Code § 2750.3, often called AB 5, most delivery drivers must be treated as employees. This rule does not apply if the company can prove that the worker is truly independent.

Independent status means that you do jobs outside the company’s normal business and have your own trade or business. If the company cannot prove this, they have to treat you as an employee. In that case, you can receive benefits like workers’ compensation.

Common Injuries for Seasonal Delivery Drivers

Seasonal delivery jobs can be physically demanding and sometimes dangerous. Common injuries include:

• Back and shoulder strains from lifting heavy boxes

• Slip-and-fall accidents on stairs, driveways, or porches

• Vehicle crashes while making deliveries

• Heat exhaustion or repetitive motion injuries

If you are hurt doing any of these tasks, you may be entitled to medical care and lost wage benefits. Always report the injury right away so there is a clear record of what happened.

What Should You Do if You Are Hurt While Working as a Seasonal Delivery Driver?

If you are injured, notify your supervisor or employer right away and ask for a DWC-1 claim form. Complete the form carefully and return it as soon as you can. After that, visit a doctor who is approved by your employer’s workers’ compensation insurance. Keep copies of your medical reports, receipts, and any work restrictions your doctor provides.

If your claim is delayed or denied, you have the right to challenge the decision through the Workers’ Compensation Appeals Board (WCAB). This board handles disputes between injured workers and insurance companies. We can help you gather evidence, complete the required paperwork, and navigate the appeals process.

Contact a San Benito County, CA Workers’ Compensation Attorney

Seasonal delivery drivers have the same rights as year-round employees. Just like your colleagues, you deserve fair treatment and access to medical care if you are injured on the job. Cramer + Martinez has served clients in Gilroy and the surrounding areas for nearly 30 years. Our attorneys have more than two decades of combined experience handling workers’ compensation cases.

Our legal team will help you get the benefits that you need so you can recover without worrying about the financial impact of your injury. Contact our experienced Hollister, CA workers’ compensation lawyers today to schedule a free consultation. Se Habla Español.