Many rideshare and delivery drivers have lived in a gray area for workers’ compensation because of unclear or even mistaken designations. A lot of companies try to classify their drivers as independent contractors, rather than employees. When this is the right designation, the independent contractor is not eligible for workers’ comp. Under California law, however, many drivers labeled as independent contractors are really employees, and may be eligible for workers’ compensation benefits.
At Ratto Law Firm, P.C., our California workers’ compensation attorneys are here to help. We help you determine whether you are eligible and what you can do to seek the compensation you deserve after an injury.
Why Workers’ Comp Is Complicated for Rideshare and Delivery Drivers
Workers’ compensation is only guaranteed for employees. Independent contractors are not covered unless they purchase their own occupational accident insurance.
California’s AB 5 law (2019) originally made most gig workers employees under the ABC test, which would have required companies to provide workers’ comp. But in 2020, voters passed Proposition 22, carving out a special category for app-based drivers. Under Prop 22, drivers are classified as independent contractors, not employees.
That means:
- Companies do not provide traditional workers’ compensation
- Drivers do not receive automatic medical coverage or wage replacement
- Drivers must rely on Prop 22’s alternative benefits or pursue other legal avenues
However, this doesn’t mean injured drivers are without options.
Prop 22’s “Alternative Benefits” for Injured Drivers
Instead of workers’ comp, Prop 22 requires rideshare and delivery companies to provide limited occupational accident insurance. This coverage is not as comprehensive as workers’ comp, but it does offer some protection.
Most app-based platforms must provide:
- Medical expense coverage for injuries sustained while “engaged” in an active ride or delivery
- Temporary disability payments if you cannot work due to the injury
- Survivor benefits for fatal accidents
- Lost earnings replacement based on a percentage of your average weekly earnings
Coverage only applies when you are:
- Actively transporting a passenger
- En route to pick up a passenger
- Completing a delivery
- En route to pick up a delivery
If you are logged in but waiting for a job, coverage may not apply.
When Rideshare or Delivery Drivers Can Qualify for Traditional Workers’ Comp
Even though Prop 22 classifies drivers as independent contractors, there are situations where a driver may still qualify for workers’ comp:
- Misclassification Claims
- Dual Employment Situations
- Injuries at Company Hubs or Facilities
- Third-Party Liability Claims
What Happens After a Rideshare or Delivery Injury
If you’re injured while driving for Uber, Lyft, DoorDash, Instacart, Grubhub, Amazon Flex, or another platform, take these steps immediately:
- Report the injury through the app
- Seek medical treatment right away
- Document the accident with photos, witness statements, and police reports
- Save all communication with the platform
- Track your lost earnings
- Consult a lawyer if the company denies coverage or delays payment
Occupational accident insurance claims often move slower than workers’ comp claims, so documentation is critical.
Common Injuries for Rideshare and Delivery Drivers
Drivers frequently experience:
- Car accident injuries
- Slip-and-fall injuries during deliveries
- Dog bites
- Repetitive strain injuries
- Assaults or attacks by passengers
- Back and neck injuries from long hours on the road
These injuries can lead to significant medical bills and lost income, which is why understanding your rights matters.
Can You Sue the Rideshare or Delivery Company?
In most cases, drivers cannot sue the company for injuries because they are classified as independent contractors. However, lawsuits may be possible if:
- The company’s negligence contributed to the injury
- The driver was misclassified
- The platform failed to provide required Prop 22 benefits
- A defective vehicle or equipment provided by the company caused harm
Each situation requires a fact-specific analysis.
We Help Rideshare and Delivery Drivers Win the Compensation They Deserve
Whether you are eligible for workers’ compensation benefits, or you may be owed compensation through another legal strategy, we are here to help. Our experienced attorneys examine the unique aspects of your case to determine the best path forward for you.
Our team at Ratto Law Firm, P.C. provides you with the advice and representation you need. Contact us today for a consultation.