Freelancers, independent contractors, and rideshare drivers play a significant role in the economy. However, when gig workers like this get injured on the job, it can be difficult for them to obtain workers’ compensation benefits. Understanding the legal challenges they face is integral.
Employment classification
One of the biggest challenges gig workers face is their employment classification. In Florida, workers’ compensation benefits are typically available to employees. However, these benefits do not extend to independent contractors. Because many gig workers are independent contractors, they are ineligible for these benefits. Companies often classify gig workers this way to avoid providing such benefits.
Proving employee status
To qualify for workers’ compensation, gig workers may need to prove that they are, in fact, employees rather than independent contractors. This can be a complex and difficult process. The Florida Workers’ Compensation Division considers several factors to determine employment status, including:
- Control and direction: Whether the company controls how the worker performs their job.
- Work performed: Whether the work performed is integral to the company’s business.
- Independent business: Whether the worker operates an independent business.
If they can prove that they meet the criteria for employee status, gig workers may become eligible for workers’ compensation benefits.
Lack of coverage
Even when gig workers are employees, there can be other barriers to work through. Some gig economy companies do not provide workers’ compensation coverage at all. This leaves injured workers without a safety net. In these cases, gig workers may need to explore other options. This typically includes getting personal health insurance or suing the company for negligence.
Legal and financial obstacles
Pursuing a workers’ compensation claim can be costly and time-consuming. Sometimes gig workers do not have the financial resources to cover legal fees. Additionally, navigating the legal system can be complex. Without the money and assistance of an experienced attorney, it can be difficult to win a claim.
Navigating the challenges for gig workers
These challenges faced by gig workers highlight the need for increased awareness. As the gig economy continues to grow, it’s essential for workers to recognize gaps in protection. By advocating for better safeguards, gig workers can gain the benefits they deserve.
Additionally, raising awareness about the potential for reclassification can empower gig workers. This will encourage them to seek legal assistance and better advocate for themselves. When gig workers know their rights, they can work toward receiving fair treatment in times of injury.