Being a driver for a rideshare service has its perks, such as the flexible hours and having more control over your work environment. On the other hand, what happens if you get into a car accident on the clock? Can Uber and Lyft drivers get workers’ compensation?
Missouri law clearly states that employees who have been injured in workplace accidents are entitled to workers’ compensation. Unfortunately, rideshare drivers are generally considered independent contractors, not employees.
For a rideshare driver to be categorized as an employee, the company needs to provide work equipment like vehicles and phones, assign a work schedule, and have a contract with the driver for temporary or permanent employment.
However, workers’ compensation isn’t the only way for rideshare drivers to get compensated for their personal injuries after a workplace accident.
Rideshare Insurance
Many rideshare companies offer insurance policies for their employees in case of a car accident on the job. However, these policies rarely provide enough coverage for personal injuries and property damage, and are highly restrictive. Even if drivers accept this offer, it’s a good idea to invest in additional coverage.
How does rideshare insurance work? In most cases, the driver is covered while the rideshare app is open and the driver is either driving or waiting to pick up the passenger. These insurers use the following time periods to determine whether or not the driver is covered for the accident.
Period 0: The app is closed, the driver is not working.
Period 1: The app is open while the driver is waiting for passengers in need of a ride.
Period 2: The driver is on their way to pick up a passenger that has accepted a ride through the app.
Period 3: The passenger is in the vehicle en route to the destination. This period ends once the destination is reached.
Bad Faith
Unfortunately, not all insurance companies act in good faith. If you get hurt driving for work and your claim is rejected even though it is covered by your rideshare insurance policy, hire a personal injury attorney as soon as possible. Here’s what a personal injury lawyer will do to protect you from bad faith insurers.
- Gather the evidence needed to prove your claim such as medical records, phone records to show when the driver app was open, police reports, and expert testimonies.
- Go over your claim with you to strengthen it and help you avoid self-sabotage.
- File a lawsuit on your behalf to ensure that you get the compensation necessary to cover your personal injury expenses.
- Handle communications with the insurance company for you.
- Guide you through the legal process and ensure that the correct legal forms are filled out and submitted in accordance to deadlines.
If you’ve been hurt on the job, contact us as soon as possible to schedule your initial legal consultation. During this meeting you’ll receive free legal advice from an experienced personal injury lawyer near you in Columbia, Missouri. We’ll fight for the compensation you deserve.