Due to the growing demand for food delivery services, companies are putting pressure on delivery staff to complete deliveries faster. This extra pressure causes this specific group of gig economy workers to drive more rashly, which ultimately leads to a rise in delivery workers’ injuries from auto accidents. For more information regarding gig workers’ injuries, contact the Law Office of Brian P. Azemika.
Workers’ compensation claim: Protecting rights of gig economy workers
On-demand delivery food workers now have more substitutes for compensation than they did in the past due to recent changes in worker’s compensation laws in the majority of states and territories.
However, worker compensation for gig economy employees remains a complex issue. In many cases, some employers are still inadequate to take the effort to make sure injured workers take the necessary measures to make sure their rights are appropriately protected or accessed in the case of an accident while they are on the job.
You must be considered to be “an employee” compared to an “independent contractor” to be eligible for worker’s compensation. For worker’s compensation, many gig economy companies will consider their employees as independent contractors although, in reality, they may be considered employees. This becomes more complicated when addressing job rights and benefits, such as the right to worker’s compensation.
Therefore, you must get legal representation immediately if you get injured on duty as a gig economy worker and your employer is refusing to give you worker’s compensation or is undermining your attempts to do so.
If the claim is successful, gig economy workers will be entitled to worker’s compensation.
A worker could be eligible for some or all of the advantages listed below if their claim for worker’s compensation is granted.
- Payments every week if the income has been lost;
- Healthcare expenses associated with your injury, such as general practitioner costs, physical therapy, counseling, prescription medications, surgery, and other medical treatments;
- Transportation expenses for going to doctor’s visits;
- Housekeeping and domestic help;
- Death benefits for the worker’s dependents; and
- payout in a single payment for irreversible harm.
In addition to the aforementioned benefits (known as statutory benefits), there are issues in which it may be possible to sue the employer if it can be proven that the delivery worker’s injuries were caused by something the employer did—or failed to do—to ensure the worker wasn’t working in hazardous conditions.
Claims for motor vehicle accidents involving injuries suffered by gig economy workers
There is the self-sufficient and unique right to recover frequently significant losses (compensation) when the delivery driver is hurt as a result of another motorist’s negligence, in addition to having a chance to receive worker’s compensation benefits if injured while doing a delivery duty.
Compensation options for gig workers
1. Gig Workers’ Workers’ Compensation Insurance
Some gig platforms provide voluntary workers’ compensation insurance, giving gig workers access to a safety net that was not previously accessible to them. It can be necessary to understand specific eligibility requirements and understand the platform’s restrictions, such as coverage caps and limitations, in order to access these benefits. Although there are some limitations, this action is a big step toward providing gig workers with protections comparable to those provided by regular employees.
2. Alternative compensation routes
Personal injury claims provide gig workers with a different path to compensation outside of workers’ compensation. Building a strong case involves maintaining thorough records of work conditions, injuries, and communications with platforms or employers.
Wrapping up!
Due to the constantly shifting landscape of labor laws and protections specifically designed for the gig economy, gig workers face multiple challenges and legal issues when trying to obtain compensation for work-related injuries. This change highlights how important it is for gig workers to have skilled legal representation.