Pizza Delivery Workers’ Rights: Injuries and Wage Theft

For many, pizza delivery is more than just a job—it’s a way to pay bills, support a family, or earn extra income while balancing school or other responsibilities. But for too many delivery workers, the job comes with significant risks and challenges that aren’t always fairly addressed by employers. 

Not only can pizza delivery be a seriously dangerous job, but employers can also cheat employees out of wages when they are due a bigger piece of the pie.

From safety hazards to wage theft, delivery workers face unique struggles that can leave them vulnerable. The good news is that Morgan & Morgan, the country’s largest personal injury law firm, stands by pizza delivery workers everywhere to fight for their rights.

Safety Risks Faced by Pizza Delivery Workers

Delivering pizza might seem like a simple job, but it comes with a host of safety concerns, including traffic accidents, exposure to crime, and health risks. According to the U.S. Bureau of Labor Statistics (BLS), a pizza delivery driver is at a higher risk of injury and death than a construction worker or police officer. 

Traffic Accidents

The nature of the job requires pizza delivery workers to spend a significant amount of time on the road, often under tight deadlines. This creates an environment ripe for accidents. Workers may feel pressure to speed or ignore traffic laws to ensure on-time deliveries, putting themselves and others at risk. Employers should prioritize worker safety over delivery speed, but this isn’t always the case.

Robbery and Assault

Pizza delivery workers are prime targets for robbery and assault. They often carry cash and operate alone, delivering to unfamiliar or poorly lit areas at night. Despite these risks, many employers fail to provide adequate safety training or protocols to protect their workers.

Slip and Falls

Poorly lit or icy delivery spots can put delivery workers at risk of a slip and fall injury. Obstacles in yards or walkways can further put a pizza delivery worker in harm’s way while managing to carry large stacks of pizza boxes to customers.

Ways Delivery Workers Can Be Cheated Out of Money

Pizza delivery workers are also vulnerable to unfair labor practices that can leave them underpaid and overworked. Here are some common ways employers shortchange their employees:

Unpaid Overtime

Many delivery workers end up working more than 40 hours a week, especially during peak times like weekends and holidays. Under federal and state labor laws, workers are entitled to overtime pay—typically 1.5 times their regular hourly rate. However, some employers skirt these laws by misclassifying workers as independent contractors or simply refusing to track and pay for overtime hours.

Mileage Reimbursement Issues

When workers use their own vehicles to make deliveries, they’re entitled to reimbursement for mileage and wear-and-tear on their car. The IRS sets a standard mileage rate (currently 65.5 cents per mile for 2024), but many employers either underpay or fail to provide reimbursement altogether. This leaves workers footing the bill for vehicle maintenance, gas, and insurance, effectively reducing their already modest earnings.

Minimum Wage Violations

Federal law requires employers to ensure that tipped employees, like pizza delivery drivers, earn at least the federal minimum wage when tips are included. However, some employers fail to make up the difference if tips fall short. This is a clear violation of wage laws that can leave workers struggling to make ends meet.

Tip Theft

Tips are a vital source of income for pizza delivery workers, but not all of them see the money customers intend for them. Employers may require workers to share tips with non-tipped staff or managers, which is illegal in most circumstances. Others may withhold tips entirely under the guise of “processing fees” or other excuses.

Misclassification as Independent Contractors

By classifying workers as independent contractors rather than employees, some companies avoid paying for benefits like workers’ compensation, unemployment insurance, and overtime. This practice shifts the financial burden onto workers, depriving them of protections they’re legally entitled to.

Deduction for Uniforms or Equipment

Employers sometimes require delivery workers to pay for their uniforms, insulated bags, or other necessary tools of the trade. In many cases, these deductions bring the worker’s earnings below minimum wage, which is against the law.

What Rights Do Pizza Delivery Workers Have?

Pizza delivery workers, like all employees, have rights protected under federal and state labor laws. Here’s a breakdown of some of the most important rights they should know about:

Right to a Safe Workplace

Employers are legally obligated to provide a safe working environment under the Occupational Safety and Health Act (OSHA). For delivery workers, this means employers should provide safety training, establish protocols for handling dangerous situations, and avoid practices that incentivize unsafe driving.

Right to Fair Wages

The Fair Labor Standards Act (FLSA) guarantees workers the federal minimum wage and overtime pay for hours worked over 40 in a week. Many states have their own minimum wage laws that set higher standards.

Right to Mileage Reimbursement

While federal law doesn’t require mileage reimbursement, workers are entitled to it under some state laws. Even when it’s not legally mandated, employers must ensure that unreimbursed expenses don’t reduce a worker’s wages below the minimum wage.

Protection Against Tip Theft

Tips belong to the worker who earned them. Employers cannot legally withhold or redistribute tips, except in limited circumstances involving lawful tip pooling among tipped employees.

Right to Benefits and Protections

Workers classified as employees are entitled to benefits like workers’ compensation and unemployment insurance. Misclassification as an independent contractor deprives workers of these rights, and affected individuals may have legal recourse.

What Can Pizza Delivery Workers Do if Their Rights Are Violated?

If you’re a pizza delivery worker who’s been cheated out of money or put at risk due to unsafe practices, you don’t have to face these challenges alone. Here are steps you can take to protect yourself:

Document Everything

Keep detailed records of your hours worked, deliveries made, tips received, and any expenses you incur, such as gas or vehicle maintenance. If you suspect wage theft or other violations, this documentation will be invaluable.

Speak Up

Report safety concerns or wage violations to your employer. While this can be intimidating, many companies will address issues once they’re brought to their attention. If your employer doesn’t take action, you can file a complaint with the Department of Labor or your state labor agency.

Contact a Lawyer

If your employer refuses to address violations or retaliates against you for speaking up, consider consulting a labor attorney. Morgan & Morgan specializes in fighting for workers’ rights and can help you recover lost wages and hold your employer accountable.

Labor laws vary by state, so it’s important to work with an attorney who understands the specific protections available in your area. For example, some states have higher minimum wages or additional protections for tipped employees. With offices in every state across the country, Morgan & Morgan has a local legal team that can help, no matter what state you live in.

Frequently Asked Questions

I got injured while making a pizza delivery; could I qualify for compensation?

If you got hurt on the job, you might qualify for compensation. An attorney can assess your specific case and explore your options, such as:

Workers’ Compensation

If you are a regular employee and get hurt during work, you could be entitled to workers’ comp benefits such as wage loss, medical expenses, and others.  

Personal Injury Lawsuit

If you are an independent contractor, you may not qualify for workers’ comp. However, depending on the circumstances of your accident and injury, you could have a case against a negligent employer, another driver, or other parties. The compensation you could recover can include:

• Healthcare costs
• Income losses
• Pain and suffering
• Permanent disability

How do I file a workers' compensation claim against my employer?

Food delivery jobs are notorious for workplace accidents that cause injuries to employees. From slip and fall incidents to car accidents, food delivery drivers file a considerable number of workers’ compensation claims every year.

Employers are required by law to fund workers’ comp insurance to cover the cost of worker injuries. However, some employers either refuse to pay out workers’ comp or pay below what an employee deserves in compensation. If you suffered an injury delivering pizza, you should submit a workers’ compensation claim to receive just compensation to diagnose, treat, and rehabilitate your injuries.

Depending on your state’s regulations, you file a workers’ comp claim with your employer or the state workers’ compensation commission. Regardless of where you live, you should follow a series of steps to ensure you file the most persuasive workers’ compensation claim.

First, notify your employer about the on-the-job accident. This establishes a point of reference for when the accident took place. Most states give workers three or four days to notify their employers about a workplace accident. 

Second, even if you did not suffer a serious injury, you should seek medical attention. Some workplace injuries, such as a concussion and carpal tunnel syndrome, take time for the symptoms to develop. Visiting with your physician allows you to gather and organize the medical records you need to file a workers’ compensation claim.

The third step in filing a workers’ comp claim involves collecting physical evidence. If you are able, take pictures of the scene of the accident that help tell the story or how it occurred.

With the help of a workers’ compensation attorney from Morgan & Morgan, the fourth step involves filing your claim. A lawyer can help you submit compelling evidence, as well as ensure you meet the filing deadline established by the state where you live.

What if my workers’ comp is denied or my employer refuses to pay wages owed?

If you’ve been denied wages owed or workers’ comp benefits that you need and deserve, contact Morgan & Morgan, America’s largest personal injury law firm. We can hear your case for free, and if we can help, you won’t pay a dime unless we win your case.

Getting started is easy with a free case evaluation.