Can I Collect Workers’ Comp After an Uber Accident?

Posted May 16th, 2019 by .

Categories: Auto Accidents, Workers Compensation.

uber accident workers comp law offices of anthony carboneUber has made waves in the past few weeks as the ridesharing company finally went public, only to have a disappointing IPO as shares fell more than 7 percent from its listing price. Coming on the heels of its public listing was a ruling from the National Relations Board which found that Uber drivers were not employees.

According to an advisory memo released on Tuesday, the NLRB concluded that Uber drivers are independent contractors and, therefore, had no rights to form a union or bargain collectively.

The ruling was not an unexpected announcement, yet it does beg the question — if Uber drivers are injured while on the job, can they collect workers’ compensation?

Uber Drivers and Car Accidents — What You Should Know

As we’ve stated in the past, if you receive an injury in a ridesharing car accident where you are a driver, you may have trouble with your insurance claim. Since you are using your personal vehicle for commercial purposes, you could invalidate your auto insurance policy. And although Uber does provide some car insurance, it only kicks in if you are working at the time of the accident (the app is on, a trip is accepted, or there is a passenger in the vehicle).

So if you do get into an accident as an Uber driver, chances are it will be your insurance footing the bill, and not Uber.

So what about workers’ comp?

Workers’ Compensation and Uber Drivers

In the state of New Jersey, we have a “no-fault” workers’ compensation law. What this means is no matter what you were doing at the time of the accident, the employer’s workers’ compensation insurance must pay for any injuries sustained in the course of employment.

So as an Uber driver, if you are injured while driving for the company, you can collect workers’ compensation, right? Well, it’s a tricky situation.

To determine whether an independent contractor can receive workers’ compensation, the court will need to consider the following:

  • Your job is an essential part of the employer’s business
  • You work either full-time or part-time
  • You depend on the income you receive from the company
  • The employer controls the way you perform your job

So as you can imagine, it can be difficult for an Uber driver to prove his/her worth to the company.

The Law Offices of Anthony Carbone Can Help

For decades, our car accident attorney has been helping ridesharing accident victims throughout New Jersey. We understand how the insurance companies work and will fight on your behalf to get the compensation you deserve.

Don’t wait another second. If you were involved in an Uber accident, contact the Law Offices of Anthony Carbone today for a free consultation.

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