The gig economy has changed how millions of people earn a living. Gig workers like rideshare drivers, food delivery couriers, and freelance designers make up a major part of New York’s workforce. But when it comes to legal protections like workers’ compensation, many of these individuals find themselves in a gray area.
Workers’ compensation is designed to provide financial and medical support for employees injured on the job. However, gig workers are typically classified as independent contractors, which can make accessing these benefits difficult, if not impossible. Many gig workers struggle to get the support they need after getting hurt on the job.
Fortunately, gig workers who are injured due to another party’s negligence may still seek financial compensation through personal injury claims. Employees who have been misclassified as independent contractors also have legal rights. Experienced New York work injury lawyer Paul Giannetti is proud to help all types of legal workers exercise their legal rights. Contact our firm today at (866) 868-2960 to discuss your legal options in a free consultation.
Workers’ Compensation Challenges for Gig Workers
For most traditional employees in New York, workers’ compensation acts as a safety net when injuries occur on the job. But gig workers often do not qualify for that protection because of how they’re classified.
Most app-based companies (such as Uber and DoorDash) treat their workers as independent contractors rather than employees. This classification allows companies to avoid paying into workers’ compensation insurance and other employee benefits like unemployment insurance and paid sick leave.
The problem is that gig work can be just as hazardous as traditional employment, especially for those whose income depends on driving, lifting, or making deliveries under tight deadlines. When accidents happen, injured gig workers can find themselves without the medical or wage replacement benefits that workers’ compensation is meant to provide.
Who Is Eligible for Workers’ Compensation in New York?
Under New York law, workers’ compensation coverage generally applies to employees, not independent contractors. That distinction can create problems for gig workers, who are almost always labeled as contractors by the companies they work for. However, this classification is not absolute. What matters is the nature of the working relationship, not the job title a company assigns.
The New York State Workers’ Compensation Board uses several factors to determine whether a person should be considered an employee, including:
- How much control the company has over the worker’s schedule, pay, and performance
- Whether the company provides tools or equipment
- Whether the worker’s services are an integral part of the company’s business.
In other words, if a platform dictates when and where a worker performs their job, closely monitors performance, or has the power to terminate the worker, that person may actually qualify as an employee in the eyes of the law. Because every situation is unique, gig workers who were injured while working for a gig platform should seek legal advice.
What Does Workers’ Comp Cover for Eligible Workers?
New York’s workers’ compensation system provides several key protections for eligible workers. These benefits include payment for medical care, wage replacements, and disability benefits if the injury prevents the worker from returning to their job.
Wages and Benefits Covered
Workers’ compensation provides medical coverage for all reasonable and necessary treatment related to a workplace injury, including doctor visits, hospital care, medications, and rehabilitation. In addition to medical care, injured employees are entitled to partial wage replacement, typically equal to two-thirds of their average weekly wage.
Disability Benefits
When an injury causes temporary or permanent disability, workers’ compensation may provide additional financial support. Temporary disability benefits are paid while a worker is unable to perform their usual tasks. If the injury results in a long-term or permanent condition, the worker may receive permanent partial or total disability benefits, depending on the severity of the impairment.
Some workers may also qualify for vocational rehabilitation, which helps them train for new types of work if they can no longer perform their previous job duties.
Common Injuries Among Gig Workers
Gig work is popular in a wide range of fields, such as driving, delivery, freelance labor, and remote office work. Regardless of the field, gig workers often face risks on the job without the protections or safety standards that full-time employees typically benefit from. Here are some of the most common types of injuries seen among different types of gig workers in New York.
Rideshare and Delivery Drivers
Rideshare and delivery drivers for platforms like Uber, Lyft, and DoorDash often spend long hours on the road, which makes them especially vulnerable to traffic accidents. Vehicle collisions are among the most frequent causes of serious injuries in the United States. Common injuries include fractures, whiplash, soft-tissue injuries, and back and neck trauma.
Additionally, extended hours of driving can cause chronic back pain, joint strain, and repetitive stress injuries from constant sitting and handling steering controls. Delivery drivers who carry heavy loads or rush to meet deadlines are also at risk of slip-and-fall injuries, sprains, or overexertion while loading or unloading goods.
Task-Based and On-Demand Laborers
Gig workers who perform physical tasks through platforms like TaskRabbit and Handy are exposed to many of the same hazards as construction or maintenance employees but without the same level of regulation or safety equipment.
These jobs often involve lifting heavy objects, performing home repairs, assembling furniture, or cleaning – all activities with a high risk of injury. Some of the most common injuries these gig workers suffer include:
- Muscle strains
- Herniated discs
- Falls from ladders
- Cuts or bruises from tools or machinery
- Repetitive motion injuries (such as carpal tunnel syndrome)
Without insurance coverage, these injuries can quickly result in serious financial setbacks for gig workers.
Freelancers and Remote Gig Workers
Injuries are also a concern for gig workers who don’t perform physically demanding tasks, such as freelance writers and programmers. These workers are prone to repetitive motion injuries like carpal tunnel syndrome, tendonitis, and chronic neck or shoulder pain from long hours at a computer.
In addition, improper work setups can lead to back strain and eye fatigue. The constant pressure of managing multiple clients and irregular income can contribute to stress and mental health conditions. These types of injuries are less visible than physical trauma, but can be just as disruptive to a worker’s health and ability to work.
Navigating the Claims Process as a Gig Worker
Filing a workers’ compensation claim is a straightforward process for most traditional employees in New York. But for gig workers, the process is much more complicated. Because their employment status is often disputed, injured gig workers must not only prove that their injury is work-related, but also that they qualify as an “employee” under New York law.
Gathering Evidence of Employment and Injury
If you want to file a workers’ comp claim as an injured gig worker in New York, you’ll need to document the injury and your working relationship with the company. This includes saving copies of pay statements, app screenshots showing work activity, text or email communications, and any contracts or instructions from the company. Evidence that the company controlled how, when, or where the work was performed can help prove that the worker was more of an employee than an independent contractor.
Medical documentation is equally important. Workers should seek immediate medical attention and tell their doctor that the injury occurred while working. The medical report can be used as evidence when submitting a claim to the Workers’ Compensation Board.
Filing a Claim with the Workers’ Compensation Board
If a gig company denies responsibility or claims the worker is an independent contractor, the worker can still file a claim directly with the New York State Workers’ Compensation Board. The Board will investigate and hold hearings if necessary to determine whether the individual qualifies for benefits.
Dealing with Company-Provided Insurance Policies
Some gig platforms now offer limited occupational accident insurance for their workers. These plans may cover certain medical costs or disability payments after an injury, but they sometimes fall short of what workers’ compensation provides. They may have strict coverage limits or exclude certain injuries.
Consider Seeking Legal Support
The reality for gig workers is that filing a workers’ compensation claim often requires challenging corporate definitions of employment. A knowledgeable New York work injury lawyer can help you gather the right documentation, file within deadlines, and present a persuasive case that you deserve coverage under New York law.
Filing a Personal Injury Claim for a Gig Worker Injury
Because most gig workers in New York are not covered by workers’ compensation, a personal injury claim is often the only available route for recovering damages after a work-related accident. A personal injury claim allows an injured gig worker to seek full compensation if someone else’s negligence caused their injury.
A personal injury claim may be an option if a third party caused the gig worker’s injury. Some common examples include:
- A rideshare driver injured in a car crash caused by another motorist may file a personal injury lawsuit against the at-fault driver.
- A delivery courier hurt by a defective vehicle or piece of equipment could bring a product liability claim against the manufacturer.
- A TaskRabbit worker injured due to unsafe conditions on a client’s property might pursue a premises liability claim against the property owner.
In each case, the key question is whether another person or entity’s negligence directly caused the accident. If so, the injured gig worker may have grounds for a personal injury claim for damages like medical expenses, lost wages, pain and suffering, and other economic and non-economic damages.
Learn More From an Albany Work Injury Lawyer
Gig workers face unique challenges when it comes to workplace injuries and workers’ compensation. If you’ve recently been injured while working for Uber, DoorDash, TaskRabbit, or another gig worker platform, it’s important to understand your legal options. Experienced New York work injury lawyer Paul Giannetti is prepared to evaluate your case and help you determine whether you qualify for financial compensation – call us today at (866) 868-2960 to learn more in a free consultation.