Can injured rideshare drivers qualify for workers’ compensation?

Some rideshare drivers moonlight for Lyft or Uber. They have a full-time job or a regular part-time job, and they supplement their income with rideshare trips. Other people choose to drive full-time. They may go out on the roads during particularly dangerous times, such as when the bars close down on the weekend, to maximize what they make due to high-demand pricing.

Rideshare drivers generally get to select their own schedules, and they drive their own vehicles. They take quite a bit of risk, as a crash could occur at any time. Rideshare drivers could lose their source of income until their vehicle is safe to drive again after a crash. Even worse, they may sustain significant injuries in a crash. They may have medical bills and lost income to consider.

Can rideshare drivers qualify for workers’ compensation benefits if they get hurt in a crash while working?

Rideshare drivers face an uphill battle

Rideshare companies rely on a team of drivers in their own vehicles to provide on-demand transportation services for members of the general public. Technically, their drivers fulfill functions that are critical to the overall purpose of the company.

However, both of the major rideshare companies try to avoid legal obligations and employment expenses by classifying their drivers as independent contractors. That status as an independent contractor generally means that a driver isn’t automatically eligible for workers’ compensation benefits.

Still, it is possible for injured people to assert that rideshare businesses misclassified them. Given that the services provided by rideshare drivers fulfill the only revenue-generating function of a rideshare company, they may have grounds to claim that the company misclassified them.

Securing workers’ compensation benefits after a rideshare crash may require the involvement of state authorities or the civil courts. Drivers who secure appropriate help can theoretically show that the company misclassified them. If they can convince others to agree with that assertion, they may be able to secure workers’ compensation benefits.

Driving for Uber or for Lyft can be a flexible source of income, but it can also lead to major personal setbacks. Getting help when seeking workers’ compensation benefits as an injured rideshare driver can improve a professional’s chances of success.