The holiday season brings a surge in deliveries, accompanied by a corresponding increase in injuries. If you're a delivery driver or warehouse worker in North Carolina, it's important to know your rights.
When November and December hit, delivery routes get longer, boxes get heavier, and traffic gets worse. Whether you're hauling packages for a major shipping company, delivering groceries, or moving warehouse inventory, the pressure can be intense. That pressure often leads to accidents, and too many injured workers aren’t sure what to do next.
At Shankle Law Firm, we help North Carolina workers understand how workers’ compensation applies in busy holiday jobs and what to do if they get hurt doing the job.
Who is Covered? The Misclassification Trap
Under North Carolina law (N.C. Gen. Stat. Chapter 97), most workers, including seasonal, part-time, and full-time drivers and warehouse staff, are employees and are fully covered by Workers’ Compensation insurance, provided the employer has three or more employees.
The primary exception that affects delivery workers is the Independent Contractor designation.
Many delivery and logistics companies improperly label their workers as independent contractors (ICs) to avoid providing workers' comp coverage. However, the NC Industrial Commission explicitly cautions employers that they are not relieved of liability simply by calling a worker an independent contractor or issuing a Form 1099. If your employer controls your hours, delivery zones, tools, and how you do the job, you may legally be an employee, and you may be covered.
Common Injuries for Delivery Drivers and Warehouse Workers During the Holidays
- Back and shoulder strains from lifting heavy boxes repeatedly
- Slip and fall accidents on icy driveways, wet warehouse floors, or unlit porches
- Repetitive stress injuries from constant sorting, scanning, or driving
- Traffic accidents caused by congested roads, fatigue, or rushed deliveries
- Dog bites or other hazards encountered on private property
What If You Slip on Someone’s Property While Delivering?
If you're injured delivering to a private home or business, you may have both:
- A workers’ comp claim with your employer, and…
- A third-party personal injury claim against the property owner, if negligence (like an unshoveled driveway) was involved
A qualified attorney can help you understand which options apply.
Are Gig Drivers Like Amazon Flex, Uber Eats, or Instacart Covered?
The unfortunate reality is that companies like Amazon Flex, Uber Eats, and Instacart classify their drivers as independent contractors, meaning the company and its insurance carrier will almost certainly deny your Workers’ Comp claim initially.
However, that denial is not the final word. The North Carolina Industrial Commission requires classification to be based on the actual relationship and the degree of control the company exerts. If you were rushed, directed, and monitored like an employee, your classification can be challenged in court. However, these type of cases are difficult and often do fall into an independent contractor classification.
This legal fight is the only potential path to benefits for most gig workers, and this is why it’s worth speaking with a lawyer to evaluate your situation.
Why the Holiday Season Makes Injuries More Likely
- Fatigue from long shifts and mandatory overtime
- Increased traffic and delivery volumes
- Shortcuts or lack of training for seasonal hires
- Pressure to meet unrealistic delivery timelines
- Exposure to unfamiliar locations and unsafe conditions
These risks can lead to serious accidents, and too often, companies try to minimize injuries or shift the blame.
What to Do If You’re Injured While Delivering
- Get medical attention, even if the injury seems minor
- Report the injury to your employer in writing as soon as possible (required within 30 days)
- File a Form 18 with the NC Industrial Commission to preserve your rights
- Document everything: how it happened, where, who saw it, and your medical treatment
- Avoid discussing the injury with insurance adjusters until you’ve spoken with an attorney
How Shankle Law Firm Protects Delivery Drivers in North Carolina
At Shankle Law Firm, we represent delivery workers and warehouse employees injured during the holiday rush and beyond. If you're facing denied benefits, being blamed for your injury, or unsure about your status as a “contractor,” we can help.
Our team:
- Reviews your employment classification and challenges mislabeling
- Ensures your medical treatment is fully covered
- Fights for wage benefits and fair settlements
- Investigates third-party claims for unsafe properties or traffic crashes
Injured While Delivering During the Holidays? You May Have More Rights Than You Think
Whether you're working for a logistics company, a delivery app, or a seasonal warehouse, your safety matters. If you’ve been hurt on the job, call Shankle Law Firm for a free consultation. We’ll explain your rights, fight for your benefits, and help you recover with confidence.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.