‘With every additional hour a courier works, the likelihood they will wind up in an accident increases’
Ontario’s Licence Appeal Tribunal has awarded a Toronto Uber courier who was seriously injured while cycling in the city up to $1 million in accident benefits, characterising the incident as “catastrophic”.
The decision stems from an April 2021 crash in which Baransel Ortaugurlu, 31, was hit by a vehicle while riding his e-bike in the bike lane on Gerrard Street East during a delivery shift, according to a report from OrilliaMatters.com.
The driver failed to yield while making a right turn, striking Ortaugurlu and sending him to hospital with extensive injuries, including major damage to his knee.
The collision occurred while Ortaugurlu was between food deliveries for Uber, according to the report.
The tribunal’s adjudicator, Timothy Porter, ruled that Ortaugurlu’s physical and psychological injuries meet the legal threshold for catastrophic impairment under Ontario’s Insurance Act, allowing him to access the highest tier of medical and rehabilitation benefits—up to $1 million—through the at-fault driver’s auto insurance policy.
According to OrilliaMatters.com, the original $65,000 in medical coverage provided through standard accident benefits was quickly exhausted due to the costs of physiotherapy and in-home care. Ortaugurlu, who did not hold his own car insurance, applied for additional support through the driver’s insurer, Pembridge Insurance. The company did not provide comment when contacted by the reporter.
Ortaugurlu’s injuries have had long-term consequences. In addition to chronic pain and mobility issues, he now suffers from severe anxiety, flashbacks, and sleep disturbances. Evidence presented during the tribunal hearing described how the previously outgoing and active courier now rarely leaves his home and has been unable to return to work.
Originally from Turkey, Ortaugurlu arrived in Canada in 2018.
‘Occupational accident coverage’
An Uber spokesperson, responding to questions about the case, told OrilliaMatters.com that the company was not involved in the tribunal proceedings. However, they reiterated Uber’s position that “all delivery people in the country should be entitled to occupational accident coverage” and said the company is pushing for legislative reforms.
David Shellnutt, Ortaugurlu’s lawyer, warned that similar incidents are becoming more common, especially among app-based bike couriers. “With every additional hour a courier works, the likelihood they will wind up in an accident increases,” he said.
He advised injured cyclists to seek medical attention immediately, report collisions to police, and consult legal professionals to fully understand their rights.
