[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/www.dsslaw.com\/blog\/what-happens-if-you-get-hurt-on-the-job-as-an-uber-or-lyft-driver\/#Article","mainEntityOfPage":"https:\/\/www.dsslaw.com\/blog\/what-happens-if-you-get-hurt-on-the-job-as-an-uber-or-lyft-driver\/","headline":"What Happens If You Get Hurt on the Job as an Uber or Lyft Driver?","name":"What Happens If You Get Hurt on the Job as an Uber or Lyft Driver?","description":"A growing number of people in New Jersey use ride-sharing (or ride-hailing) apps such as Uber and Lyft. However, what happens when the busy drivers for these ride-sharing companies get into car accidents? Do the drivers qualify for\u00a0workers\u2019 compensation benefits\u00a0like other \u201cemployees\u201d in New Jersey, or do they fail to...","datePublished":"2017-01-31","dateModified":"2019-01-23","author":{"@type":"Person","@id":"https:\/\/www.dsslaw.com\/blog\/author\/dsslaw\/#Person","name":"Davis, Saperstein & Salomon, P.C.","url":"https:\/\/www.dsslaw.com\/blog\/author\/dsslaw\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/645d493126a7be6f90be911a6e7d4382c0cd63874673097832081394c8bcf8ab?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/645d493126a7be6f90be911a6e7d4382c0cd63874673097832081394c8bcf8ab?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Davis, Saperstein & Salomon, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.dsslaw.com\/wp-content\/uploads\/2018\/05\/bg-logo.jpg","url":"https:\/\/www.dsslaw.com\/wp-content\/uploads\/2018\/05\/bg-logo.jpg","width":192,"height":90}},"image":{"@type":"ImageObject","@id":"https:\/\/www.dsslaw.com\/wp-content\/uploads\/2018\/05\/uber-lyft-car-accident.jpg","url":"https:\/\/www.dsslaw.com\/wp-content\/uploads\/2018\/05\/uber-lyft-car-accident.jpg","height":415,"width":700},"url":"https:\/\/www.dsslaw.com\/blog\/what-happens-if-you-get-hurt-on-the-job-as-an-uber-or-lyft-driver\/","about":["Workplace Injuries"],"wordCount":1048,"articleBody":"A growing number of people in New Jersey use ride-sharing (or ride-hailing) apps such as Uber and Lyft. However, what happens when the busy drivers for these ride-sharing companies get into car accidents?Do the drivers qualify for\u00a0workers\u2019 compensation benefits\u00a0like other \u201cemployees\u201d in New Jersey, or do they fail to qualify for these benefits because they are classified as \u201cindependent contractors?\u201dIf you drive for one of these popular ride-sharing companies, you need to carefully consider this question and how the answer could impact you in the aftermath of a serious crash.Employees or Independent Contractors?The question of whether Uber and Lyft drivers should be classified as employees or independent contractors has been a hot topic throughout the country ever since the ride-hailing apps debuted.Uber, in particular, has long maintained that its drivers are independent contractors.\u00a0Reuters\u00a0notes how, if its drivers were classified as employees, it would \u201cmean considerably higher costs for the company, including Social Security, workers\u2019 compensation and unemployment insurance.\u201dInterestingly, a California labor commissioner ruled in 2015 that an Uber driver should be classified as an employee \u2013 a decision\u00a0The Wall Street Journal described as a \u201csetback for the ride-hailing company\u2019s labor model.\u201dHowever, Uber insisted that the ruling applied to only one driver \u2013 not all of its drivers \u2013 and\u00a0filed an appeal\u00a0in a California state court, Reuters reports.More recently, Uber agreed to a roughly $100 million settlement of a\u00a0class-action lawsuit\u00a0brought by drivers, according to Reuters. For the time being, at least, the settlement will allow the company \u201cto keep its California and Massachusetts drivers as independent contractors,\u201d the news agency stated.However, an attorney for the drivers told Reuters that the settlement would not, in the future, stop U.S. labor authorities or a court from classifying Uber drivers as employees.How Does New Jersey Classify Uber and Lyft Drivers?No New Jersey court has squarely addressed the issue of whether Uber, Lyft and other ride-sharing service drivers should be deemed employees or independent contractors.However, an unpublished Appellate Division ruling that was issued in August 2016,\u00a0Babekr v. XYZ Two Way Radio, A-3036-13T3, may shed some light on how a court would treat the issue, according to\u00a0The New Jersey Law Journal.In the case, a driver for a limousine company with a business model similar to the one used by Uber and Lyft suffered injuries in a car accident. He filed a claim for medical benefits in the New Jersey Division of Workers\u2019 Compensation.After conducting a hearing on the matter, a Workers\u2019 Compensation judge found that the driver was not an employee at the time of the crash. As a result, he was not eligible to receive workers\u2019 compensation benefits.The appellate court affirmed the judge\u2019s ruling.According to the Law Journal, the court reached this decision by applying the factors set out by the New Jersey Supreme Court in\u00a0Estate\u00a0of Kotsovka v. Liebman, ___ N.J. ___ (2015).Those 12 factors, which are used to determine whether a worker is an employee or independent contractor, are:The company\u2019s right to control the means and manner of the worker\u2019s performanceThe kind of occupation \u2014 whether it is supervised or unsupervisedDegree of skill involved in the jobWhether the company furnishes the equipment and workplaceThe length of time in which the individual has workedThe company\u2019s method of paymentHow the company would terminate the work relationshipWhether the company provided annual leaveWhether the work is an integral part of the business of the companyWhether the worker accrues retirement benefitsWhether the company pays Social Security taxesThe intention of the parties (company and worker).In\u00a0Babekr, the court focused heavily on the first factor \u2013 control of the means and manner of the worker\u2019s performance \u2013 and the ninth factor \u2013 whether the worker is an \u201cintegral part\u201d of the company\u2019s business, the Law Journal notes.As far as the first factor, the court found that the limousine company, XYZ, required drivers to dress a certain way and drive a certain type of car, but otherwise, left drivers largely on their own and unaccountable to the company. The Law Journal points out how this is very similar to the way ride-sharing companies operate.Concerning the ninth factor, the court found that the company did not depend on \u201cany one particular driver to carry out the job of transporting passengers,\u201d according to the Law Journal. Again, the news outlet notes, this is not unlike Uber or Lyft, which work with hundreds of thousands of drivers across the country.Thus, it is highly likely that, if presented with similar facts, a New Jersey court would find a driver with Uber, Lyft or another ride-sharing company to be an independent contractor as well, the Law Journal concludes.What Legal Options Could Be Available for Injured Uber and Lyft Drivers?If you are classified as an independent contractor and ineligible for workers\u2019 compensation benefits in New Jersey, you may still have options available to you for seeking compensation for your medical expenses, lost income, pain and suffering and more after a car crash.You should get in touch with an\u00a0experienced auto accident lawyer\u00a0without delay. The lawyer can review your case, determine whether you can bring a\u00a0no-fault benefits\u00a0and\/or\u00a0personal injury claim\u00a0and get to work on pursuing the compensation you are due.At Davis, Saperstein & Salomon, P.C., we work with auto accident victims throughout New Jersey, including those who were working as employees or as independent contractors at the time of the crash.We can provide a timely and\u00a0free consultation\u00a0about your case, and we will charge nothing for our legal services unless we obtain a financial recovery for you.About the AuthorLatest PostsDavis, Saperstein & Salomon, P.C.Since 1981, the compassionate personal injury lawyers at Davis, Saperstein & Salomon have been delivering results for our deserving clients. We are solely committed to helping injured individuals, never representing corporations.\u00a0No matter how large or small your personal injury case is, you can trust that it is important to us.NYC Construction Accident - The Dangers of Jobsite Falls and Workers' RightsSteven Benvenisti Advocates for HALT Drunk Driving LawDavis, Saperstein & Salomon, P.C. Named #1 Law Firm"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.dsslaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Happens If You Get Hurt on the Job as an Uber or Lyft Driver?","item":"https:\/\/www.dsslaw.com\/blog\/what-happens-if-you-get-hurt-on-the-job-as-an-uber-or-lyft-driver\/#breadcrumbitem"}]}]