Employer Responsibility & Curbside Retail Pick-Up Services

At Hanning & Sacchetto, LLP , our workers’ compensation attorneys in Whittier understand that even as our California COVID-19 restrictions are beginning to relax — and workers can return to their usual in-store or restaurant duties — curbside pick-up may be here to stay.

Ordering products, meals, or even a smoothie from your phone and having it delivered directly to you on the street or in your car has made life easier for many during the pandemic. Now, curbside pick-up offers a level of convenience most consumers did not know they would enjoy as much as they do, which is changing the way employers provide services to the public.

But what if you are an employee of a big box retail store, grocer, or restaurant and are injured while accommodating customers during curbside pick-up sessions?

Is your employer still responsible for your injuries and the workers’ compensation benefits you will need to recover?

Here are a few questions that will help confirm that the definitive answer to that question is, “Yes.”

Were You Working Within the Scope of Your Employment?

Eligible California employees can access workers’ compensation insurance benefits if they are injured while within the scope of their employment.

This is also referred to as an employee who is on the clock, or on the job.

If your job entails delivering orders to curbside patrons and you are injured as a result, our California Workers’ Compensation Laws are designed to protect you.

Regardless of an employee’s physical location or the time of day the person is injured, if he or she is performing assigned job duties, the injury is considered a workplace accident and is covered by workers’ compensation.

What If I Am Injured on a Workplace Sidewalk or Parking Lot?

Workers’ compensation coverage begins when an employee starts the workday by stepping onto the employer’s premises or an area controlled by the employer.

That may include property an employer:

• Owns
• Pays a mortgage on
• Pays property taxes on
• Pays a third party to maintain
• Contributes rent along with other tenants

An area controlled by an employer is considered an extension of the worker’s actual workplace.

This includes sidewalks, parking lots, grassy areas.

Unfortunately, your employer’s workers’ compensation carrier may see the circumstances differently, and delay, undervalue or outright deny your claim.

If you have been injured in an accident during your curbside pick-up work duties, contact our experienced
personal injury attorneys Whittier at Hanning & Sacchetto, LLP today by calling (562)698-6446 to learn how we can pursue the benefits you are entitled to from your employer’s worker’s compensation coverage.