Can Gig Workers Collect Workers’ Compensation?

Over the past few years, taking a gig work job has become a new norm for many people, even if they already have a full-time job. Gig workers find jobs like ridesharing, food delivery, package delivery, and property maintenance. These jobs can be hazardous and labor intensive. Because they are often considered independent contractors, it is difficult to determine what rights gig workers have, including Workers’ Compensation benefits.

Independent contractors and gig workers are essentially self-employed. They are not considered employees of the company they work for, thus do not receive the same benefits that an employee would. Even if they drive for companies like Uber or deliver food for Grubhub, a gig worker works for themselves, while an employee works for an employer.

Some other aspects that define a gig worker include:

  • Works only as needed and completes tasks for a company on a case-by-case basis.
  • Has the ability to set their own hours and choose what type of work they do.
  • Specializes in a certain skill and works for multiple companies.
  • Has control over how service is provided; an employer does not have control over how the work is done.
  • Receives payment by the job, while employees receive specific wages or salary.
  • Provides their own tools for a job, as opposed to having tools provided for them.
  • Granted few or no benefits from an employer, such as paid vacation, sick leave, retirement benefits, or health insurance.
  • Is not eligible for legal protections against discrimination or harassment.
  • Has minimal rights compared to employees.

More and more companies hire gig workers for certain jobs solely based on money. Using a gig worker other than hiring an employee lets the employer avoid paying federal taxes like Social Security or Medicare, Workers’ Compensation insurance, or unemployment compensation. The employer also does not have to pay benefits like 401(k)s or health insurance. Furthermore, an employer can avoid certain federal laws that protect workers from discrimination and harassment.

What Should I Do if I Suffered an Injury While Gig Working?

Because gig workers are not given the same benefits that employees receive, it is difficult to receive any compensation should they suffer an injury while on the job. However, because the gig economy is relatively new to a lot of companies, laws and rules regarding gig work is always shifting in the gig workers’ favor. Some companies are even beginning to offer some form of modified benefits for the gig workers they hire.

Because Workers’ Compensation benefits are generally given to employees and not independent contractors, knowing your classification for the work you do is critical. For some independent contractors, their work may fit the independent contactor definition well. However, there are some gig workers whose companies they work for select their hours and pay and control more aspects of the job than usual.

Most gig workers carry their own health insurance in case of injury, which may provide a worker injury clause in their policy. However, every injury case is considered case-by-case, even if the injury occurred while gig working. Being misclassified in your job role further complicates matters, so if you have suffered a work-related injury, you should always speak with a lawyer and discuss your case.

West Chester Workers’ Compensation Lawyers at the Law Office of Deborah M. Truscello Help Injured Gig Workers Understand Their Rights

If you are a gig worker and have been injured on the job, contact our West Chester Workers’ Compensation lawyers at the Law Office of Deborah M. Truscello to discuss your case. Call us at (610) 892-4940 or fill out our online form for a free consultation. Located in Media, Pennsylvania, we serve clients in Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Philadelphia, Reading, and West Chester.

Contact the Law Office of Deborah M. Truscello

To discuss your case in a free, confidential consultation with attorney Deborah M. Truscello, Esq., call or fill out the form below. 

From our office located in Media, PA we serve the surrounding areas of

  • Bucks County
  • Chester County
  • Delaware County
  • Montgomery County
  • Philadelphia County
Including but not limited to
  • Allentown
  • Lancaster
  • Reading
  • West Chester

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For Personal Injury, Workers’ Compensation and Social Security Disability cases, we have a contingency fee based on a percentage of what we obtain for you. We will not charge you any fee unless and until we settle your case, prevent the loss of your benefits or obtain benefits for you. 

For Family Law clients, we understand that financial difficulties often accompany divorce and other family law issues. Ask us about our reasonable and competitive hourly rates for your situation. 

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testimonials

Why Clients Choose Deborah

Heather A
2023-03-01
I have known Deb for years now and it all started in 2009 when I got hurt and needed legal help with my workers comp. I randomly chose Deb because of the things I read on her website and I liked that she had a take charge attitude about just about everything. She out-lawyered someone and got me more in a settlement for that and then also worked with me on another case and won that one as well for me. If you get to know Deb and her personal story, you will get to know an amazing single mom who has had her own struggles and has come out so much stronger. She will fight for you if you do your part as a client and follow her guidance. I have now used two women lawyers in Media and three men and I actually found the two women far more effective and both won my cases that the men lost. Without Deb and my other lawyer winning the cases for me that they did - I could have found myself disabled for good with no money to pay for the life I live because I can’t work now. I credit my ability to be able to eat and have transportation and all. I couldn’t be more grateful for their hard work they did for me. Deb has won two of my cases and I would absolutely refer others to her for the same kinds of cases and I would use her again if I ever needed her help again!
Daveen Carpenter
2019-10-08
Deborah's team went above and beyond to get my case settled quickly. I am forever grateful
Rebecca Porter
2019-09-24
If you ever need a worker’s compensation attorney, I highly suggest using Deborah Truscello. I had a work accident injury and was referred to Deborah. She was with me every step of the way, with this long-drawn-out process. She was there any time I had questions or needed advice on my rehabilitation. Now my case is settled. I am very happy how things turned out and I owe it all to her. I can't thank her enough. I will use her again if I ever need too.
Jackson Jones
2019-09-01
Deborah is an excellent lawyer. She was professional, knowledgeable, and made me and my case feel important. She was always accessible and answered all of my questions. I would definitely recommend Debbie to anyone injured at work and in need of legal services.
K M
2019-05-18
I am a client of Deborah Truscello and also a woman of color. Deborah Truscello is not a bigot nor is she a racist. I hired Ms. Truscello back in 2016 for a very nasty custody case against a crazy man who has a history of dragging all his children through the court system. Ms. Truscello has been nothing but professional and well organized. She is very reliable and always available. I could contact her any time of the day or night and she is always responsive to my text messages, calls, and emails. If you are considering hiring her as your attorney I highly recommend you schedule a consultation and see for yourself you will not be disappointed.
Andrew Kriegh
2018-08-17
Amazing law firm, they have helped me so much and enlightened me to the options I have, and to the right doctors who are still treating my issues... Very professional and very great people glad to have her in my team!!
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