Getting hurt while on the job in some sort of accident is a very real risk facing most delivery drivers in the Chicago area. The likelihood of being severely injured or killed in a collision involving a delivery truck, van, SUV, or car is unacceptably high in Chicagoland, especially for those tasked with “last mile deliveries” who are often “gig drivers” working on a deadline imposed by super-sellers in the ecommerce market like Amazon, Target, or Walmart. For more, read Legal Liability for Delivery Truck Accident Injuries: How Many Have Responsibility for the Crash?
However, another significant risk facing these delivery drivers are injuries suffered outside of accidents, where intentional conduct causes their bodily harm. More and more in today’s tight economic times, Chicago delivery drivers are falling victim to workplace violence.
What is Workplace Violence?
The Occupational Safety and Health Administration (“OSHA”) defines “workplace violence” as “…any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors.”
Workers and their loved ones may not recognize how serious this threat today. According to the Bureau of Labor Statistics (“BLS”), the number of worker deaths due to “…violence and other injuries by persons or animals” jumped 11.6% in the latest reporting year.
Of importance for delivery drivers: the BLS also confirms that more workers die on the job in the transportation occupations than in any other industry, with transportation deaths accounting for 37.7% of all worker deaths in this country. Read, National Census of Fatal Occupational Injuries in 2022 (USDO-23-2615), published by the U.S. Department of Labor Bureau of Labor Statistics on December 19, 2023.
According to Statista, delivery drivers and truck drivers have one of the eight most dangerous jobs in the country. Read, “How to Stay Safe as a Delivery Driver in 2024,” written by Katie Pierce and published by Routific on January 9, 2024.
Chicagoland Delivery Drivers and Workplace Violence
Throughout Chicago, the risk of becoming a victim of violence while on the job delivering goods, packages, or parcels to buyers at all times of the day or night is very high. This includes violent incidents not only involving aggressive dogs but people who rob the driver and their vehicle to steal their deliveries and maybe take cash the driver is assumed to have.
Delivering packages, parcels, and goods is increasingly dangerous for drivers today. Their vulnerability comes not only from (1) obviously carrying valuables, but from (2) working alone and from (3) exposure to risky routes or environments.
Delivery drivers for Amazon, for instance, are tasked with making deliveries to homes, condos, and apartments at all times of the day or night. Overnight delivery service is one of Amazon’s key strategies in its ecommerce competition with other online sellers like Walmart. It has been offered in the Chicago Area since 2015. Read, “Amazon starts offering same-day deliveries that will arrive overnight,” written by Ben Fox Rubin and published by CNET on March 3, 2020; and “Amazon now offering free same-day delivery in Chicago,” published by WGN9 on October 22, 2015.
The armed robbery risk facing Amazon delivery drivers has gained national attention. Read, “Gig Drivers Face Guns and Death,” written by Theo Wayt and published by The Information on September 6, 2023.
However, any delivery driver on the job after dark is in danger of being held up for cash or goods. For instance, just a few weeks ago a pizza delivery driver was shot dead in Calumet City on a Friday night delivery. The delivery itself was a bogus order placed in order to rob the delivery driver. For details, read “Pizza delivery driver shot dead, sister pistol-whipped during robbery in Calumet City, Illinois,” written by Suzanne Le Mignot and Jeramie Bizzle and published by CBS Chicago on September 27, 2024. Also read, “Robbers exploit delivery, rideshare services to target drivers in Garfield Park thefts,” written by Alonzo Small and published by WGN9 on October 2, 2024.
Keeping Chicago Delivery Drivers Safe From Violence on the Job
From the perspective of safety organizations and advocates for worker victims and their loved ones, it is imperative that delivery drivers at all levels of the supply chain (from big rig truckers to gig drivers in personal cars) understand the risks they are facing of becoming targets of workplace violence. Chicagoland deliveries must be understood to come with a risk of criminal targeting or intentional harm.
There are things that the drivers can do to help protect against this kind of harm. Employers and others with aspects of control over the delivery, its routing, or the driver also may have legal duties of care and safety to keep these drivers safe while on the job. These include:
- Training the delivery driver on the realities of crime while on the job in the areas they will be serving;
- Training the delivery driver on how to assess a neighborhood, a destination, and its surroundings before exiting the vehicle to make the delivery;
- Training the delivery driver on how to handle a potential “road rage” incident while on route to a delivery;
- Training the delivery driver on special steps to take for safety when delivering after dark;
- Having a company policy on workplace violence involving delivery situations;
- Making sure the delivery driver has effective communication and the ability to call 911 as necessary;
- Using route optimization software to help reduce risks to the driver;
- Making sure the delivery vehicle is inspected and in good working order before leaving on a delivery;
- Advising the buyer of the upcoming delivery and the need to turn on lights, safeguard animals, and otherwise secure the premises for the delivery driver; and
- Having a policy in place for drivers who perceive dangerous conditions that block a safe delivery of the parcel or package.
For more on delivery driver injuries, read: Chicago Delivery Driver Accidents: Hurt While Working On the Job in Chicagoland; Hurt in Crash with Delivery Drivers for Amazon, FedEx, Wal-Mart, Target, UPS? and Amazon Delivery Vehicle Accidents in Illinois: Chicagoland Amazon Truck Crashes.
Crime Victims: Delivery Drivers, Workplace Violence, and Claims for Justice
For Chicago area delivery drivers and their loved ones, there are state laws in place that provide legal redress after the worker has been the victim of workplace violence. Determining the extent of legal liability in these accidents can be complex. For instance, Chicagoland by definition covers not only the State of Illinois, but counties in other states such as Indiana and Wisconsin. What state law applies to the case?
Additionally, an analysis of the case by accident reconstruction experts as well as injury attorneys may reveal several parties who have legal responsibility for what the worker and their loved ones have suffered. Not only the immediate employer who tasked the delivery driver with that particular job, but the owner of the parcel or package; the manufacturer or designer of the vehicle; those responsible for its upkeep or repair; and even the property owners or tenants of the scene of the crime may be liable to the victim for damages.
Questions to be considered include things like:
- Was there improper lighting that allowed the perpetrator an advantage?
- Did the vehicle fail in some way, preventing an escape?
- Did the dispatcher fail to warn of past criminal activity in the area?
- Was the GPS working?
- Had the driver been properly trained in safety measures?
- Did the delivery driver understand they had a right to avoid a delivery if they felt they were in physical danger?
Delivery driver victims have legal rights that in some instances are complex due to the evolving gig economy and the use of gig drivers by companies attempting to limit financial liability by an outsourcing strategy. Having an experienced injury attorney advocating on their behalf can be invaluable in these workplace violence situations, particularly when there have been tragic results. Read, Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases.
For more, read our past articles on workplace violence and lone workers that include:
- Workplace Violence Injury Victims: Employer Liability for Occupational Violence in Indiana and Illinois
- Workplace Violence: Employer’s Responsibility to Keep Workers Safe
- Growing Dangers of Workplace Violence and Employer’s Responsibility to Keep Workers Safe from Severe or Fatal Injury
- Industrial Lone Workers: Accident Dangers When Working Alone
- Lone Workers: Employer’s Duty of Care.
Delivery drivers perform a valuable service for all of us in the Chicago Area. They deserve to be safe from harm, especially workplace violence, on the job. Please be careful out there!
