Who Is Responsible for Gig Workers Injured on the Job?

The rise of the gig economy is nothing new. It has existed since companies started hiring temporary or seasonal workers. Recently, there has been an influx of temporary workers in the United States. Many Americans prefer leaving their 9 to 5 jobs for the gig economy’s flexibility. 

Pros of the Gig Economy

One of the most significant benefits of the gig economy is working at your preferred time and place, allowing for flexibility. Examples of gig workers include freelance writers, web developers, online tutors, etc. However, if someone is not paid, it would be in their best interest to speak to workers’ compensation lawyer Ronny Hulsey.

Due to their benefits, these jobs have become quite appealing to the younger generation. Furthermore, COVID-19 amplified the gig economy’s popularity since it disrupted businesses and left many individuals jobless. More than 36 percent of the United States workers are part of the gig economy. 

Most gig workers fall in the under-40 and over-55 age category. If statistics are anything to go by, baby boomers comprise most of the gig economy. Upwork reports that these individuals rake in more than $1.2 trillion in income, and more than 56 percent of gig workers work more than a standard 40-hour week.

Cons of the Gig Economy

With the many upsides of the gig economy comes one significant downside: health benefits. Specifically, who pays for gig workers when they are injured on the job? What benefits are available to these individuals when they get injured or even killed on the job? 

Gig workers face various job risks. For instance, Uber drivers and Amazon Flex delivery workers often found themselves the target of various crimes as they met the needs of various workers across the United States. 

Over the years, we have seen reports of gig workers experiencing violence and assault while on the job. A worrying trend is that more than 50 gig workers have been killed while on the job since 2017.

The Dilemma of Insurance Policies for Gig Workers Injured on the Job

Such trends have caused advocacy groups such as Gig Workers Rising to demand support for gig workers killed on the job. In a standard full-time employment, companies must pay compensation and offer benefits for injured employees. 

Sadly, this is not the case with gig workers. This is because companies have specifically structured their contracts not to be responsible if gig workers receive injuries while working. 

A typical example is the case of Bella Lewis, a Lyft driver who was shot and killed by a passenger. Her family paid the burial and other incidental costs, while Lyft sent an insurance company, Liberty Mutual, to investigate her case. 

Liberty Mutual found that the costs of cleaning and repairing the car were less than the deductibles, so it did not pay anything. Lewis’ case is one example that shows just how gig workers face many risks while on the job. 

According to the United States Bureau of Statistics, several factors increase these risks. First, gig workers’ payment is typically paid after completing a job. Furthermore, the workers are not guaranteed future work once they complete the tasks. This implies that they must make themselves available to receive payment. 

Moreover, the nature of most gigs leaves out factors that would guarantee safety, such as workplace benefits, health insurance, accidental death, injury coverage, and pension. Therefore, such workers may take risks to earn extra money to support their families, leading to injury or death. 

Speak with an attorney if you were injured while working. A lawyer can help explain what types of benefits you may be eligible for in your claim and who may be held liable.

A Ray of Hope 

Fortunately, the United States government has been putting measures in place to protect gig workers. In 2021, President Biden’s labor secretary announced that the government was considering changing public policy to expand worker protection. 

Speaking to Reuters, Labor Secretary Marty Walsh said that gig workers should be classified as employees. He states that in some cases, these individuals are treated as employees, and in others, they are not, resulting in a lack of consistency. 

Another issue that has been discussed is unemployment insurance for these employees. During the pandemic, the United States government had to help gig workers who lost their jobs and had no insurance benefits.