You're delivering packages on a rainy afternoon during your side job when you slip getting back into your vehicle, causing a painful back injury. As the medical bills pile up and you cannot work, you wonder: as a gig economy worker, do you qualify for workers' compensation?
Regardless of whether you are a gig worker, freelance, or independent contractor, obtaining workers’ compensation can be challenging. While traditional employees usually receive benefits after sustaining injuries at work, gig workers often find themselves in a coverage gray area, experiencing financial difficulties with no clear avenue to compensation.
If you’re in this situation, Monast Law Office in Upper Arlington can help you understand your rights regarding workplace injuries.
Ohio's Workers' Compensation System for Gig Workers and Other Contractors
The system managed by the Ohio Bureau of Workers' Compensation (BWC) requires most employers to take part by paying premiums to the state insurance fund.
Traditional employees receive coverage automatically, giving them access to medical treatment and wage replacement benefits when workplace injuries occur. This provides important financial security during recovery periods when they cannot work.
The situation is fundamentally different for independent contractors and gig workers. Under standard Ohio workers' compensation laws, independent contractors are not considered employees and, therefore, do not qualify for benefits through the state system.
The distinction between employees and independent contractors depends on several factors outlined in the case State ex rel. Friendship Supportive Living v. Ohio Bur. of Workers’ Comp., Slip Opinion No. 2023 Ohio 957, including, but not limited to:
- How much control the company exercises over the worker's schedule and methods
- Who provides equipment and tools
- Whether the relationship is ongoing or project-based
This classification creates significant challenges for gig economy workers who might work for app-based companies like Uber, DoorDash, or TaskRabbit. When these people suffer injuries, they often struggle with medical expenses without the safety net that traditional employees enjoy.
Employee Misclassification: A Common Problem for Gig Workers
Some gig economy workers in Ohio may actually be employees entitled to workers' compensation benefits. This misclassification occurs when companies wrongly categorize workers as independent contractors to evade providing the protections required for employees.
For example, a food delivery driver who must work specific hours, wear company uniforms, follow strict company protocols, and can be terminated for not accepting enough deliveries may actually qualify as an employee—despite being labeled a contractor. This misclassification could entitle you to workers' compensation benefits if you're injured on the job.
Here are typical industries where misclassification occurs for gig economy workers.
Construction and Landscaping
Construction workers often face misclassification despite working under direct supervision. General contractors often control their work methods while labeling them as independent contractors. Studies show 20–30% of construction workers may be improperly classified, leaving them without crucial benefits when injured by falls, equipment accidents, or strain injuries.
Delivery
Delivery workers typically follow company-dictated routes and standards—characteristics of employment relationships. They risk traffic accidents, dog bites, and lifting injuries daily. Many companies provide branded equipment and monitor performance while maintaining contractor classifications, affecting workers' access to benefits after injuries.
Rideshare
Rideshare companies maintain control through fare-setting and performance tracking while classifying drivers as contractors. Uber, Lyft, and other rideshare drivers face risks from accidents, passenger violence, and sedentary conditions. Recent court decisions increasingly question whether these workers function as independent businesses or employees under company control.
Health care
Home health aides and caregivers often work through agencies controlling their schedules and assignments. They face patient-handling injuries, disease exposure, and workplace violence. The pandemic highlighted their vulnerability when many contracted COVID during client care but lacked workers' compensation coverage due to contractor status.
Technology
Tech specialists may be misclassified despite using company equipment and following company workflows. Though less physically demanding, tech work leads to repetitive strain injuries and ergonomic problems. Without workers' compensation, these workers must personally bear medical costs, a practice increasingly scrutinized by Ohio regulators.
Change Is Slow, But Injured Gig Workers in Ohio Still Have Options—and Monast Law Office Can Help
While some progress is being made on the state and federal level regarding gig economy worker classification, it’s better to take control of the situation right now. Here are different options that may help your financial recovery:
- File for workers' compensation benefits. If you've been misclassified, Ohio BWC lets you file claims despite your stated classification and will investigate whether an employment relationship existed.
- Consider third-party liability claims. When parties other than your employer contributed to your injury, you may pursue more compensation, such as a personal injury claim against another motorist or a product liability claim for faulty equipment.
- Explore occupational accident insurance. If you bought this coverage independently or your company offers it as an alternative, it may provide some financial protection for medical expenses and lost income.
- Review your personal insurance policies. Your health, disability, and auto insurance policies may provide coverage for medical treatment and some wage replacement, though typically with more limitations than workers' compensation.
If you suspect your status is misclassified, call Monast Law Office right away. We’ll help you evaluate your specific working arrangement and identify the strongest path to compensation for your injuries. As one client put it, we truly care about the people we serve and will fight hard for your claim.
