The family of an Uber delivery driver is pursing compensation after 30-year-old student Burak Dogan died in a collision with a truck in April 2020.
The Turkish national was working when he was instantly killed in the collision, with Uber sending Mr Dogan two delivery requests after the incident.
On Wednesday, the Transport Workers Union (TWU) filed an application on behalf of Mr Dogan’s family to the Personal Injury Commission after Uber and NSW insurer iCare denied liability.
Mr Dogan’s family was denied compensation from Uber after the business claimed he was outside a 15-minute delivery window and therefore not classified as a worker.
It’s understood SafeWork was also alerted about the incident.
An Uber spokeswoman said Mr Dogan had not made a delivery on the day of the accident.
“Our thoughts are with Burak Dogan’s family and loved ones, following his tragic accident,” she said.
“While Mr Dogan was registered on the Uber Eats platform, he was not making an Uber Eats delivery at the time of his accident and had not completed an Uber Eats delivery that day.”
The TWU will also prepare claims for the families of two other delivery drivers, Akshay Doultani, 22, and Adil Abbas, 20; however, they will first be put to Uber and iCare.
Mr Doultani died earlier this year after his motorcycle collided with an SUV in Epping in Sydney’s northeast.
Just a few weeks ago in August, Mr Abbas also died in a motorbike incident in Campbelltown in Sydney’s southwest while working for UberEats.
He had only moved to Australia three to four weeks before from Mandi Bahauddin in Pakistan.
TWU national assistant secretary Nick McIntosh said food delivery riders deserved rights and protections to keep them safe.
“No sum of money can ease the pain of losing a loved one, but when a worker dies, their family should be compensated,” he said.
“Burak, Akshay and Adil were young men, aged 30 and under, all in Australia to study so they could have bright futures.
“Their whole lives should have been ahead of them but tragically were ripped away. The shock of these losses remains raw.”
The TWU estimates 13 food delivery drivers have been killed since 2017; however, the union suspects the actual figures could be higher due to under-reporting.