Principle Attorney
The rise of the gig economy has transformed how people work in Denver and across the country. From rideshare drivers and food delivery couriers to freelance professionals, more workers than ever are earning income outside of traditional employment structures. While the flexibility of gig work is appealing, it comes with risks—especially when it comes to injuries on the job.
At the Law Offices of Dianne Sawaya, we’ve seen firsthand how confusing it can be for gig workers to navigate their legal rights after an accident. Unlike traditional employees, gig workers often face unique challenges when seeking compensation for injuries.
Worker Classification and Why It Matters
The biggest issue facing gig economy workers is classification. Companies such as Uber, Lyft, DoorDash, and Instacart generally classify their drivers and couriers as independent contractors rather than employees. This distinction is critical because:
- Employees are typically entitled to workers’ compensation benefits if injured on the job.
- Independent contractors are not covered by workers’ comp and must look elsewhere for recovery.
This means that if a rideshare driver is hurt in a car accident while working, or a delivery worker is injured slipping on a customer’s stairs, they cannot automatically rely on workers’ compensation benefits.
Coverage Limitations for Gig Workers
Because gig workers are classified as contractors, traditional protections are limited. Some companies provide insurance coverage, but it is often partial and dependent on whether the worker was “on the app” at the time of injury. For example:
- Rideshare Drivers: Coverage may apply only while waiting for a ride request or transporting a passenger. Gaps in coverage exist when the app is turned off.
- Delivery Workers: Coverage often depends on whether the worker was actively engaged in a delivery at the time of the accident.
- Freelancers and Contractors: Without employer-provided insurance, freelancers may need to rely on their own health or disability insurance.
Understanding exactly what coverage applies is critical to protecting your financial future after an injury.
Workers’ Comp Alternatives
Even if you do not qualify for workers’ compensation, you still have options. Alternatives may include:
- Personal Injury Claims: If another driver, property owner, or third party caused your injury, you may be able to bring a negligence claim.
- Occupational Accident Insurance: Some gig platforms offer limited optional insurance plans. These may help with medical bills and disability benefits, though payouts are often lower than workers’ comp.
- Private Insurance: Health, disability, or supplemental accident policies can provide additional protection.
Each case is unique, and determining the best path forward requires careful evaluation of the circumstances.
Practical Steps to Take After a Gig Work Injury
If you’re injured while working in the gig economy, acting quickly can protect your rights and strengthen your case. Here are the most important steps to follow:
- Seek Medical Care Immediately: Always prioritize your health. Even if injuries seem minor, medical records provide crucial evidence for any claim.
- Report the Incident to the Platform: Notify Uber, Lyft, DoorDash, or whichever company you were working with. Most require formal notice of incidents.
- Document Everything: Collect photos of the accident scene, screenshots of your app status, receipts showing active work, and witness information.
- Track Lost Income: Keep records of missed shifts, canceled jobs, and lost wages due to your injury.
- Consult with an Attorney: Gig economy injury cases often involve overlapping issues of insurance, liability, and employment law. An experienced Denver attorney can help identify all available sources of compensation.
The Importance of Documentation
For gig workers, documentation can make or break a case. Because your status as a worker may be disputed, evidence that you were performing a job at the time of the injury is critical. Strong documentation includes:
- Timestamped app activity logs.
- Screenshots showing active rides or deliveries.
- Written communication with customers or the company.
- Detailed medical records and treatment notes.
The more comprehensive your documentation, the stronger your claim for compensation will be.
Moving Forward After an Injury
Gig work offers flexibility, but it can leave workers vulnerable in the event of an accident. At the Law Offices of Dianne Sawaya, we help Denver gig workers understand their rights, evaluate coverage options, and pursue every available path for recovery. Whether your injury occurred in a rideshare accident, a delivery mishap, or another work-related incident, we are here to guide you through the legal process with compassion and determination.
If you’ve been injured while working in the gig economy, don’t assume you’re without options. Contact the Law Offices of Dianne Sawaya today for a free consultation and let us help you protect your future.