Postmates is a food delivery service that offers local delivery of meals from restaurants and other goods, such as groceries and alcohol. The company was acquired by Uber in 2011, but continues to operate as a separate service, similar to food delivery apps like DoorDash, Uber Eats, and Grubhub. Working for Postmates is a good option for those that want to work flexible hours, but unfortunately, the job comes with a high risk of injury. Here are some the most common accidents that we see among Postmates delivery drivers:
- Slip and fall or trip and fall
- Car accidents
- Falling object injuries
- Injuries from dog bites / animals in general
- Assault and battery
- Sexual assault
If you are an injured Postmates driver, you may be wondering, “Can I continue working for Postmates if they find out I was in an accident? The truth is, a lot of food delivery app drivers are afraid to file a claim because they think they will be fired. Understanding your legal rights is essential to protecting your finances, as well as your health. To speak with a Postmates accident injury lawyer, contact Normandie Law Firm to schedule a free case evaluation.
Can I be Deactivated after an Accident if I File an Injury Claim?
If it’s clear that you were at fault for the accident, Postmates does reserve the right to suspend or terminate your account on their platform. However, your account cannot be deactivated if you were the victim of negligence by another individual or entity. Even more important, you cannot be fired for seeking compensation for your injuries, i.e., filing an insurance claim with your insurance company, the negligent party’s insurance company, or with Postmates.
Sadly, we know for a fact that many drivers are deactivated after an accident, especially those that qualify for compensation under Postmates’ $1 million insurance policy. This is a form of supplemental coverage that becomes available once your own insurance coverage is exhausted. The company also offers occupational insurance to cover your lost wages for up to $500 a week. By firing you, the company can avoid paying you these much-needed benefits.
Keep in mind that Postmates cannot automatically suspend your account without investigating your accident and determining that you are at fault. You also have the right to prove your innocence if you have proof that the other driver, property owner, etc. is responsible for your injuries. If Postmates terminated your account without taking these steps, you may be entitled to compensation through a wrongful termination lawsuit.
Our Recent Verdicts and Settlements
$1 Million
$1 Million
$2 Million
$1.5 Million
$870,000
$950,000
Other Cases of Wrongful Termination by Postmates
For some drivers, an accident may be a convenient excuse to fire you for other reasons, like discrimination and retaliation. According to state and federal labor laws, it is illegal to discriminate against an employee due to a protected characteristic as defined by the Equal Employment Opportunity Commission. These characteristics include, but are not limited to:
- Race
- Religion
- Ethnicity
- Sexual orientation
- Gender / gender expression or identity
- HIV status
- Pregnancy
- Military or veteran status
- Status as a crime victim
- Age
- Political beliefs
Discriminatory acts include harassment, denial of reasonable workplace accommodations, and wrongful termination. So, how does this tie into the fact that you had an accident? Essentially, Postmates can use the accident as an excuse to get rid of you, when the real reason is based on discrimination. If you’ve complained about the unlawful treatment to Human Resources or assisted with a lawsuit filed by another driver, your account deactivation may be an act of retaliation by Postmates.
You do not have to suffer in silence if you are the victim of unfair treatment in the workplace. Our law firm has an experienced team of employment rights attorneys who can fight for your rights and bring you justice from a workplace discrimination claim against Postmates.
Can I Continue Working for Postmates if I have an Active Accident Case?
This is a question we receive frequently from rideshare and delivery drivers, along with “When can I go back to working for Postmates if I’ve filed an accident claim?”
First, let us assure you are not prohibited from going back to work while an injury claim is pending, or while you are receiving benefits after an accident. In addition, there is no legally imposed timeline for how long you should stay out of work after a workplace injury. Basically, when and if you decide to work for Postmates again is up to you. If your decision leads to your account being deactivated, you may have the right to pursue a wrongful termination claim against Postmates.
However, there are consequences that returning to work may have on your pending injury claim. For example, your injuries may get worse due to the strain of working too soon or from having another accident. Unfortunately, your existing claim only includes your initial injuries, so you cannot seek payment for these new medical issues. Furthermore, returning to work too early may cause the insurance company to argue that the harm you’ve suffered is not as serious as you claim.
As you can see, there are a number of issues to consider before you decide to resume your work duties after an accident. Consulting your doctor is crucial, as well as an attorney who is experienced in the state’s labor laws. A workplace accident lawyer at our office will be happy to speak with you and help you make an informed decision.
Do You Need Help with an Active Accident Claim?
Do you have questions or concerns about a Postmates accident claim and need advice from another attorney? We are happy to help with a second opinion, which is a free service that we offer to accident victims with pending injury claims and lawsuits. After a free case review, we will provide you with an honest assessment of your rights and legal options. However, what you do with our advice is up to you, as our primary goal is to educate you and help you feel empowered during this difficult chapter in your life. For a free second opinion with one of our legal experts, give us a call at your earliest convenience.
Average Value of a Postmates Accident Lawsuit Settlement
As an injured Postmates driver, you are undoubtedly concerned about your finances and whether your settlement will cover the losses you’ve suffered. These losses may include medical expenses, lost wages, property damage, pain and suffering, and various other forms of economic and non-economic damages. Since the value of these damages varies from claimant to claimant, there’s no way to determine an average value for these lawsuits. The best answer we can provide is that settlements recovered by our attorneys typically range from $25,000 to over $3 million. As this is a very wide range, we recommend a free consultation with one of our lawyers if you’d like to find out the approximate value of your accident case.
How Long Does it Take to Get Paid on These Cases?
Settling a Postmates delivery accident case can take several months to over one year, depending on the severity of your injuries and the defendant’s willingness to negotiate in good faith. Some drivers have multiple defendants that are liable for their injuries, and this can certainly add to the amount of time that it will take to recover their payment. However, even cases that seem straightforward at first can lead to complications that will take weeks or months to work through. While the reality of the situation can be tough to deal with, please know that we are with you every step of the way. We are here 24 hours a day, 7 days a week, so we are always ready to provide updates, answers to your questions, and reassurance that your case is on the right track.
Statute of Limitations – Deadline to File Your Lawsuit
Civil lawsuits in California must be filed within the statute of limitations, which varies depending on the type of accident you’ve had. For most accidents, including slip and falls, assault and battery, and car crashes, you have two years from the accident date to demand compensation from the at fault party. However, claims involving public entities, such as government agencies and properties, must be filed within 6 months. Knowing the correct statute of limitations is extremely important, as the courts are very strict about deadlines for legal actions. Please reach out to us right away to ensure that your lawsuit is filed on time.
Contact Normandie Law Firm
Our lawyers have decades of experience in the representation of drivers working for companies such as Uber, Lyft, Grub Hub, DoorDash, Amazon, and of course, Postmates. We know that independent contractors are greatly undervalued by these companies, and standing up to them can seem overwhelming when you are trying to recover from an accident. All you have to do is contact us and schedule a time to meet with one of our legal experts. We’ll take care of the rest if you decide that we are the right law firm to represent you.
Whether you are a new claimant or wish to continue an existing lawsuit with us, you will be protected under the Zero Fee Guarantee. You pay nothing to hire us, as we wait until the end of your case to receive our payment. That comes to us directly from Postmates, along with the compensation to cover your financial and emotional losses. In essence, we don’t make a penny unless we win your case.
If you’re ready to learn more about your legal options from a Postmates accident injury attorney, please contact us to schedule a free case review.
Other Pages on Our Website Related to This Topic
Postmates Account Wrongful Deactivation Lawsuit Attorney
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