If you get hurt while driving for Uber, you might consider a Workers’ Compensation claim. For traditional employees, Workers’ Comp pays damages regardless of fault, taking care of medical expenses and 2/3 of lost wages. However, Uber drivers often have significant issues filing.
Uber claims that its workers are independent contractors, not employees. If that classification is correct, it would mean you are not eligible for Workers’ Comp. If they are wrong, you should still get benefits, and our lawyers can seek to prove your work status. We can also help you pursue damages from other parties or through other insurance.
For a free case review, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.
Can Uber Drivers File for Workers’ Comp in Pennsylvania?
According to the Pennsylvania Workers’ Comp Act, only employees can get benefits. If Uber is correct in classifying you as an independent contractor, then you would not qualify for benefits – but this classification is questionable.
Employee vs. Independent Contractor Classification
This classification isn’t based on what your employer calls you or whether you are paid with a W-2 or 1099. Instead, courts look at how much of a role your employer plays in controlling your work.
Because Uber drivers often face close instructions for pickups, drop-offs, and routes, this might veer into employee classification. Uber’s claim that it merely matches riders with drivers and manages payment has always been questionable, but it takes a case-by-case analysis to find the truth.
How This Affects Your Claim
If you are truly an employee, then you can file a Work Comp claim. You do this by notifying your employer of your injury within 120 days (ideally within 21 days), getting medical care, and awaiting a determination from your employer about benefits.
Typically, this will be denied, and our Philadelphia Workers’ Comp lawyers will need to file a Claim Petition with a Workers’ Comp Judge within 3 years of the injury and handle the case through that process.
If you are properly classified as an independent contractor, then you need another route to recovery.
Does Uber Provide Insurance for Injured Workers?
If you aren’t covered under Workers’ Comp, you may need to find another insurance policy to file through.
Your Car Insurance
Uber requires drivers to have their own insurance, and Pennsylvania law requires drivers to carry at least $5,000 in injury coverage. This means that your policy might provide some protection after your crash and payment of a deductible.
You may also have other first-party benefits to take care of medical bills, extraordinary injury costs, and vehicle damage, all without questions of fault. Your policy might also include uninsured/underinsured motorist coverage to help if the other driver has no or low insurance.
Uber’s Car Insurance
Uber’s own insurance policy might also cover your crash. This should be in effect whenever you are in the middle of a ride or on the way to a pickup. Additional insurance might also kick in when you are on duty but have not selected a ride yet.
The Other Driver’s Insurance
If another driver causes your crash, their insurance may be able to pay for your injuries. State minimum insurance in Pennsylvania is only $15,000 per person/$30,000 per accident for injuries and $5,000 for property damage, so this might not cover everything. However, many drivers have higher insurance.
You may also be limited in your right to sue if you had a limited tort policy, so talk to your lawyer about what this could mean for getting pain and suffering damages.
Uber’s Optional Injury Protection (OIP)
Uber drivers can opt in to additional insurance through Uber. This Optional Injury Protection (OIP) is similar to what other gig workers, like DoorDash and Lyft drivers, can receive.
This provides limited wage-loss coverage and up to $1 million in injury coverage, but it generally covers less than what Workers’ Comp would cover. However, it might cover more than just auto accidents.
Uber is unclear on what counts as a “qualifying accident,” but it could potentially cover injuries from other tasks associated with the job, aside from driving. For example, if you throw out your back lifting a rider’s luggage or slip on an icy street while walking around to open the door for an elderly passenger.
As of this writing, this insurance costs $0.024 per mile driven for Uber.
Suing for Accidents
If there is no insurance to cover you, or insurance has denied your claim, you may be able to file a lawsuit for Uber injuries.
First, you can often sue at-fault drivers (and, if they are commercial drivers, sue their employers). This, however, might be affected by your choice of full tort vs. limited tort insurance policies.
Second, employees typically cannot sue their employer for work-related injuries, but this does not apply to independent contractors. If Uber somehow jeopardized your safety, you may be able to sue them.
Otherwise, lawsuits against other negligent parties – such as defective auto manufacturers – could be responsible for your injuries.
FAQs for Uber Injuries and Workers’ Comp in Pennsylvania
Are Uber Drivers “Employees” for Workers’ Comp?
Generally speaking, Uber says no, but injury lawyers would try to argue yes, you are an employee. Only employees are covered under Workers’ Comp, so if we can prove that your job tasks and the amount of control that Uber exerts over you as a worker all put you in the employee category, you can get coverage.
What Does Workers’ Comp Cover?
Workers’ Comp typically covers all medical care to treat a work-related injury, plus 2/3 of your lost wages while you are totally unable to work for at least 7 days. If you are able to work partially, your benefits are 2/3 of the difference in pre- and post-injury wages.
You can also get additional “specific loss” benefits for certain permanent injuries listed in the Workers’ Comp Act.
Is Workers’ Comp Free?
Employees never have to contribute money to Workers’ Comp; the employer is required to pay it.
Contrast this with OIP and auto insurance, where an Uber driver would cover their own premiums.
Do These Rules Apply to Uber Eats Drivers?
Uber and Uber Eats are technically separate, but the rules are pretty similar for both drivers. Uber Eats drivers are also subject to the same requirements for insurance and options for OIP coverage.
This scheme is also pretty similar for “gig work” drivers with other delivery and rideshare services.
Call Our Workers’ Compensation Attorneys in Pennsylvania Today
For a free review of your case with Cardamone Law’s Allentown, PA Workers’ Comp lawyers, call (267) 651-7945.
