The gig economy has exploded in recent years, with companies like Uber, DoorDash, and Grubhub providing flexible earning opportunities for millions of people. But what happens when something goes wrong on the job—like a car accident, a slip and fall during a delivery, or even an assault while working? What legal rights do gig workers have?

If you’re a gig worker, your legal protections after an injury may be more complicated than you think. These companies classify workers as “independent contractors,” which limits access to workers’ compensation and other traditional employee benefits. That’s why understanding your rights and how insurance coverage works is critical.

When Are You Covered? Understanding the “App Status” Rule

For rideshare and delivery drivers, coverage often depends on whether the app is on and what stage of the trip you’re in. For example:

App Off: If you’re driving and not logged in to Uber, DoorDash, or any platform, then only your personal auto insurance applies.

App On, Waiting for a Job: Some platforms provide limited liability coverage while waiting for a ride or delivery, but not physical damage or medical coverage.

Active Trip (Picking Up or Delivering): This is when the company’s commercial insurance policy is most active. Uber, for instance, provides up to $1 million in liability coverage during active rides.

The challenge is that these rules vary by company, location, and the exact circumstances of the accident.

Injured While Working as a Gig Worker: Who Pays?

If you’re in an accident while delivering food or giving a ride, you may have multiple avenues for compensation, but getting full coverage isn’t always easy.

The Company’s Insurance: Uber and Lyft offer commercial insurance when you’re actively on a trip. DoorDash also provides liability coverage, but only for damages you cause to others, not necessarily for your own injuries. If the accident wasn’t your fault, you may also need to file a claim against the at-fault driver’s insurance.
Your Personal Auto Insurance: Some insurance policies exclude coverage for commercial or delivery use, which means your provider might deny a claim if you’re in an accident while on the clock. It’s a good idea to ask your insurer about a rideshare or delivery endorsement to avoid gaps.
The At-Fault Driver’s Insurance: You can pursue a third-party claim if another driver caused the accident. But what if that driver is uninsured or underinsured? Assuming you have it, you’ll need to rely on your own uninsured/underinsured motorist (UM/UIM) coverage.
No-Fault or PIP Coverage (Florida): Personal Injury Protection (PIP) may help cover initial medical expenses in no-fault states, but it likely won’t be enough for long-term or serious injuries.

Do Gig Workers Get Workers’ Compensation?

Gig workers generally do not qualify for workers’ compensation since they’re not considered employees. That means if you’re injured on the job, you’re on your own for medical bills and lost wages unless you’re protected by the platform’s insurance or successfully pursue a third-party claim.

However, legal battles are underway in some states to reclassify gig workers as employees, which could eventually change the game. Until then, gig workers must be extra cautious and proactive about their legal protection.

Why You Should Call an Attorney

Gig workers often fall into legal gray areas. Don’t assume the platform has your back—because they probably don’t.

If you’re injured while working for Uber, DoorDash, or another gig platform, an experienced personal injury attorney can help you navigate complex insurance coverage layers and determine who’s liable. They can also help you to avoid quick, lowball settlements from insurance companies and file a claim or lawsuit within state deadlines.

Working in the gig economy offers flexibility and freedom, but it also comes with real risks—especially when it comes to injuries on the job. Getting legal help after an accident can make a huge difference in your recovery and your finances. Don’t wait to find out what your case is worth. Contact Probinsky & Cole and protect your rights while you still can.