Can Uber Drivers File Workers’ Comp Claims in California?
If you are an Uber driver in California, you might be wondering whether you will ever have the freedom to file a workers’ compensation claim. The gig economy generates billions for California each year, and these profits are driven by hard-working people. Recently, there has been considerable debate over what to call these people. Are they independent contractors? Or should we give them the title of “employees?” A recent ruling seems to settle this question once and for all – and it comes at the cost of gig workers.
If you are trying to fight for your rights as a gig worker in California, book a consultation at The Moga Law Firm. Scott Thomas Moga has spent almost three decades as an Upland workers’ compensation attorney in San Bernardino County, and he understands the importance of employment rights. With an experienced workers’ compensation attorney at your side, you can assess your legal options with greater confidence.
The California Supreme Court Rules That Uber Drivers are Independent Contractors
In late July 2024, the California Supreme Court ruled that Uber drivers will continue to be classified as independent contractors. This ruling also applies to many other gig workers, including Lyft drivers and food delivery workers. Technically speaking, these companies still have the option to classify their workers as employees instead. However, major tech corporations like Lyft and Uber are notorious for prioritizing profits – and they are unlikely to make any changes.
The decision was a major disappointment for many people advocating for workers’ rights. These included not only lawmakers in California who had been lobbying for changes but also countless gig workers. Many of these workers and their families had been demonstrating at various rallies throughout the State.
The recent decision reaffirms something that many gig workers were already painfully aware of – they cannot file workers’ compensation claims. If they become injured in a car accident, for example, they cannot turn to their employer for assistance in the same way as a trucker or USPS driver.
You Could Still Pursue Compensation for Your Injuries
Despite this recent decision, gig workers may still pursue compensation for their injuries. First of all, you could work with your workers’ comp lawyer to determine whether you have been wrongfully “misclassified” as an independent contractor. If you should have been classified as an employee instead, a workers’ comp claim may still be possible. Alternatively, you could pursue a straightforward personal injury lawsuit after a car accident. Both options could potentially provide compensation for medical expenses and missed wages.
Work With an Established Workers’ Compensation Law Firm in San Bernardino County
The Moga Law Firm is an established workers’ compensation law firm in San Bernardino County. Contact our team of workers’ comp attorneys at 909-931-2444 to get started with Scott Thomas Moga, an experienced Upland workers’ compensation lawyer who understands the challenges faced by gig workers today. Although the recent Supreme Court Ruling in California might seem demoralizing, you may have other legal options after your workplace injury.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
