If you are hurt in an accident while working for Lyft, you might consider Workers’ Compensation. In many cases, Workers’ Comp might be unavailable, but other insurance coverages and lawsuits might be.
Lyft claims its drivers are independent contractors, not employees. This means that Workers’ Comp, along with other benefits, would not be available to you. However, we have to look at the facts of your case to see if that classification was improper. In any case, other insurance and lawsuits might cover your damages instead.
Call (267) 651-7945 for a free case evaluation with Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers.
Can Lyft Drivers File for Workers’ Comp?
To be able to file for Workers’ Comp, you have to be able to meet a few standards, which are often difficult in the case of Lyft drivers.
Employee Status
Workers’ Compensation is only available for employees. Because Lyft insists its drivers are independent contractors, not employees, this can be an uphill battle.
However, the standards are based on facts, not the proclaimed status. Thus, courts look at more than the fact that you get paid with a 1099. Independent contractor status is only proper when the worker does not have their work controlled by their employer.
Independent contractors are essentially self-employed, and often do work on a job-by-job basis in a different field than the company hiring them. Contrast that with employees, who perform the same kind of work as the company they work for, and have the time, location, and manner of their job controlled by their employer.
If our Philadelphia Workers’ Comp lawyers can provide sufficient evidence of this, we can get you treated as an employee and covered under Work Comp.
Work-Related Injury
If the accident was work-related, then it should be covered. Lyft drivers are obviously hired to drive, so auto accidents should be covered regardless of fault.
However, other tasks like lifting a rider’s luggage out of your trunk or helping an elderly rider from their door to your car on an icy day might also be part of the job, and so injuries during those kinds of tasks should also be covered.
Disability
For Workers’ Comp’s wage-loss benefits to kick in, you have to show the injury kept you from working for at least 7 days.
Other Options
If you are not covered under Workers’ Comp, you may still have a few other options for getting your damages paid:
Car Insurance
You have to have car insurance, Lyft has car insurance, and the other driver has to have car insurance. This means that, between these overlapping policies, there should be at least some coverage for your injuries.
Your insurance should have at least $5,000 of no-fault injury coverage, but many drivers have more. Lyft should cover you with their policy if you had a rider at the time or were on the way to a pickup, and supplemental coverage might apply if you were on duty with no ride selected (though this insurance might not pay for injuries). Then, the other driver’s insurance should cover if they were at fault.
You may also have additional first-party coverage, like medical coverage and collision coverage, plus potential uninsured/underinsured motorist coverage.
Lawsuits
If insurance does not deliver, you can often sue the other driver for a car accident. This is blocked under some circumstances if you have a “limited tort” policy, but many cases do qualify because of serious injuries.
You can also potentially sue other at-fault parties, such as manufacturers of defective auto parts.
Lyft’s Occupational Accident Insurance (OAI)
Most “gig worker” jobs involving driving have the potential for some kind of “occupational accident insurance” (OAI), including Lyft. Lyft’s OAI policies, however, only apply in California, Massachusetts, and Minnesota, meaning they likely won’t help you in Pennsylvania unless your trip originated from one of those states.
This would potentially cover up to $1 million for injuries and some lost earnings, all at a lower rate than Workers’ Comp would.
FAQs for Lyft Drivers Injured at Work in Pennsylvania
What If I’m Covered Under Workers’ Comp at Another Job?
Many Lyft drivers don’t use Lyft as their primary job. Unfortunately, your other job’s Workers’ Comp will not cover injuries sustained while working for someone else.
However, if you were hurt at your other job and file for Workers’ Comp, your lost wages from Lyft might be included in that claim. Workers’ Comp pays for all lost earnings because your injury at that job prevents you from getting wages from other jobs, too.
Does Lyft Have Insurance to Cover Drivers?
While Lyft does have insurance that covers your accident, it does not always provide coverage for your injuries. It is always best to make sure your own insurance policy has the money necessary to cover you in case of an accident, and to work with a lawyer when filing a claim against other drivers.
What Injuries Count as “Within the Scope of Employment” for Lyft?
Lyft drivers are hired to drive and deal with their riders, meaning that injuries while actually driving, loading the car, etc., should all qualify as being “within the scope of employment.” However, your status is vital.
If you are not an “employee,” then none of your work tasks are within the scope of your employment, and you would not be covered under Workers’ Comp. This is a fact-based question you should have a lawyer handle as part of your case.
What Does Workers’ Comp Pay?
If you qualify for Workers’ Comp, it typically pays
- All medical treatment costs for your work-related injury
- Around 2/3 of lost earnings, subject to limits and floors
- Additional payments for certain permanent injuries (serious facial scars, lost hearing, lost vision, lost function, and amputation).
What Does a Lawsuit Cover?
Lawsuits can often cover more damages, but you have to prove fault first before you can get paid. This should cover all economic and non-economic damages, including
- Medical bills
- Vehicle repair/replacement costs
- Lost wages
- Pain and suffering.
What Does Insurance Cover?
Your own insurance may cover damages for some medical expenses, but if you have increased insurance limits and optional coverages, you could see more of your medical care, lost wages, and other expenses covered with a mere deductible payment.
Other drivers need a minimum of $15,000 per person and $30,000 per accident for injuries they cause you, plus at least $5,000 for property damage.
Lyft’s insurance might not always cover your injuries and lost wages, so make sure to investigate the policies with your lawyer.
Call Our Workers’ Comp Attorneys in Pennsylvania Today
Call (267) 651-7945 for a free case evaluation with the Lancaster, PA Workers’ Comp lawyers at Cardamone Law today.
