The single most overlooked source of recovery for an injured gig or delivery driver is the claim against the driver who actually caused the crash. It exists no matter what the app calls you.
A Third-Party Claim Is Separate From Your Employment
Workers' comp and occupational accident insurance are about your relationship with the platform. A third-party claim is about the negligent driver who hit you. Because it's a separate personal injury claim, it does not depend on whether you're an employee, a contractor, or covered by OAI.
What a Third-Party Claim Can Recover
- Pain and suffering — something neither OAI nor workers' comp pays.
- Full lost earnings, not just a capped percentage.
- Medical costs, future care, and other damages caused by the at-fault driver.
How the Claims Work Together
When you were working and another driver was at fault, you may have both a workers' comp claim (or an OAI claim) and a third-party claim. Attorney Michael Cardamone, a Certified Workers' Compensation Specialist, handles the comp side, and we work with the best personal injury attorneys in Pennsylvania on the third-party side to maximize your total recovery. We do not say "we handle both" — we make sure both are handled, by the right advocate for each.
Frequently Asked Questions
Can I sue the driver who hit me if I'm a 1099 gig worker?
Yes. A third-party personal injury claim against the at-fault driver exists regardless of your employment status or whether you have occupational accident insurance.
What can a third-party claim recover that OAI can't?
Pain and suffering and full lost earnings, among other damages. Occupational accident insurance and workers' comp do not pay pain and suffering.
Did Another Driver Cause Your Delivery Crash?
Speak with a Certified Workers' Compensation Specialist about your options as a gig or delivery worker. Free, confidential consultation. No fee unless we win.
(215) 206-9068