Gig Workers and Workers' Comp: Uber, DoorDash, and Your Rights

The Employee vs. Independent Contractor Question

Workers' compensation in California only covers employees, not independent contractors. This distinction is the central issue for every gig worker injury claim. If you are legally an employee, your company must provide workers' compensation insurance. If you are an independent contractor, you are generally on your own for injury costs.

The challenge is that companies like Uber, Lyft, DoorDash, Instacart, Amazon Flex, and TaskRabbit classify their workers as independent contractors. This classification saves these companies billions in workers' comp premiums, payroll taxes, and employee benefits. But classification by a company does not make it legally correct.

AB5 and the ABC Test

In 2019, California passed Assembly Bill 5 (AB5), which codified the "ABC test" for determining whether a worker is an employee or independent contractor. Under AB5, a worker is presumed to be an employee unless the hiring entity can prove all three of the following:

The critical factor for gig companies is Prong B. An Uber driver performs ride-hailing services -- which is Uber's entire business. A DoorDash driver delivers food -- which is DoorDash's core business. Under the ABC test, these workers would likely be classified as employees because their work is central to the company's usual course of business.

Proposition 22: The Gig Company Carve-Out

In November 2020, California voters passed Proposition 22, which created a special exemption from AB5 for app-based transportation and delivery companies. Prop 22 declared that drivers for companies like Uber, Lyft, DoorDash, Instacart, and Postmates are independent contractors, not employees, provided the companies meet certain conditions.

What Prop 22 Changed

• App-based drivers are classified as independent contractors, not employees
• They are not entitled to traditional workers' compensation coverage
• They are not entitled to employer-provided health insurance, unemployment insurance, or other employee benefits

What Prop 22 Provided Instead

In exchange for independent contractor status, Prop 22 required gig companies to provide limited benefits:

• Occupational accident insurance: Coverage for medical expenses and lost income from injuries sustained while "engaged" on the platform (actively on a ride or delivery)
• Healthcare stipend: A subsidy toward health insurance premiums for drivers who average 15+ hours per week of "engaged time"
• Earnings guarantee: A minimum earnings floor of 120% of the local minimum wage for engaged time, plus $0.30 per mile for vehicle expenses

Legal Challenges to Prop 22

Prop 22 has faced ongoing legal challenges. In 2021, a California Superior Court judge ruled Prop 22 unconstitutional because it limited the legislature's power to set workers' compensation standards. The California Court of Appeal later reversed some of these findings but upheld others. The legal landscape continues to evolve, and further court decisions may change gig worker rights.

As of early 2026, Prop 22 remains in effect for app-based transportation and delivery drivers, but the legal challenges are not fully resolved. Any changes could retroactively affect workers' rights.

Gig Workers NOT Covered by Prop 22

Prop 22 only applies to app-based transportation (rideshare) and delivery companies. Many gig workers fall outside this exemption and are still subject to the AB5 ABC test:

• TaskRabbit and Handy workers: Home repair, cleaning, and handyman services
• Freelance construction workers: Working through staffing apps
• Caregiver platform workers: Home health aides hired through apps
• Freelance event staff: Waiters, bartenders, and promoters hired through gig apps
• Warehouse gig workers: Temp workers placed through apps like Wonolo or Instawork

For these workers, the ABC test applies in full. If they fail any prong of the test, the worker should be classified as an employee entitled to workers' compensation. Many of these gig companies misclassify their workers, and successful reclassification claims are common.

Uber and Lyft: Specific Considerations

Injury Risks for Rideshare Drivers

Rideshare drivers face significant injury risks:

• Motor vehicle accidents: The primary risk, especially given the miles driven and pressure to accept rides quickly
• Assault by passengers: Physical and verbal attacks, especially during late-night rides
• Repetitive strain: Back pain, neck strain, and hip problems from prolonged sitting and driving
• Carjacking and robbery: Particularly in high-crime areas

Uber and Lyft's Insurance Coverage

Both Uber and Lyft provide auto liability insurance for their drivers, but the coverage varies by driver status:

Notice the gap: when you are logged into the app but waiting for a ride request, you have minimal coverage. This is also when Prop 22's occupational accident insurance does not apply. Drivers in accidents during this phase may fall into a dangerous coverage gap.

DoorDash, Instacart, and Delivery Drivers

Unique Risks for Delivery Workers

• Traffic accidents: Navigating unfamiliar neighborhoods under time pressure
• Slip and fall: Carrying food or groceries up stairs, on icy walkways, or in poorly lit areas
• Dog bites: Approaching unfamiliar homes for deliveries
• Bicycle and scooter injuries: Many delivery workers use bikes or e-scooters in congested urban areas
• Heat illness: Working outdoors during California's extreme heat events

Prop 22 Occupational Accident Insurance

DoorDash, Instacart, and other delivery platforms provide occupational accident insurance under Prop 22. However, these policies are not workers' compensation. Key differences:

• Limited medical coverage: Typically capped at $1 million per incident
• Disability payments: 66% of average weekly earnings, but only during "engaged time" -- not total working hours
• No permanent disability rating: Unlike workers' comp, there is no formal system for rating permanent impairment
• No vocational rehabilitation: No SJDB voucher or retraining benefits
• No attorney fee protections: Workers' comp limits attorney fees to 15%; occupational accident claims have no such protection
• Dispute resolution: Claims go through private arbitration, not the WCAB, with terms set by the company

Alternative Remedies for Gig Workers

If you are classified as an independent contractor and cannot access workers' compensation, you still have legal options:

1. Challenge Your Classification

If you believe you are misclassified as an independent contractor, you can file a claim with the California Labor Commissioner's Office or pursue a workers' comp claim directly. If you can prove you should be an employee under the ABC test (or the Borello test for industries exempt from AB5), you may be entitled to full workers' comp benefits.

2. Prop 22 Occupational Accident Insurance

If you are covered by Prop 22, file a claim through your platform's occupational accident insurance program. These claims are handled differently from workers' comp, and an attorney experienced in both systems can help you maximize your recovery.

3. Personal Injury Lawsuit (Third-Party Claims)

If your injury was caused by a third party -- another driver in an accident, a property owner whose negligence caused a slip and fall, or a dog owner whose animal attacked you -- you can file a personal injury lawsuit. This is available regardless of your employment classification and can result in compensation for:

• Full medical expenses
• Lost income (all income, not just "engaged time")
• Pain and suffering (not available in workers' comp)
• Property damage
• Future lost earning capacity

4. Uninsured/Underinsured Motorist Coverage

If you are in a vehicle accident caused by a driver without adequate insurance, your own uninsured/underinsured motorist (UM/UIM) coverage can fill the gap. California requires auto insurers to offer UM/UIM coverage. As a gig driver, carrying robust UM/UIM coverage is essential.

5. Health Insurance

If you have health insurance (through Covered California, a spouse's plan, or the Prop 22 healthcare stipend), it can cover medical treatment for work injuries when workers' comp is not available. However, health insurance does not provide disability payments, and you may face co-pays and deductibles.

Practical Tips for Gig Workers

When to Contact an Attorney

Gig worker injury cases are legally complex because they involve the intersection of employment law, workers' compensation law, personal injury law, and insurance coverage. Contact a workers' compensation attorney if:

• You were injured while working for a gig platform and need help understanding your options
• Your occupational accident insurance claim was denied or undervalued
• You believe you are misclassified as an independent contractor
• A third party caused your injury and you want to pursue a personal injury claim
• You work for a non-Prop 22 gig company and were denied workers' comp
• Your injury occurred during a coverage gap (logged in but not on an active trip or delivery)

What to Do Immediately After a Gig Work Injury

If you are injured while working for a gig platform, take these steps to protect your rights:

At the Scene

1. Call 911 if needed: Get medical help immediately for serious injuries
2. Document everything: Take photos of the accident scene, damage to your vehicle, your injuries, and any contributing factors (road conditions, signage, etc.)
3. Get witness information: Collect names and contact information from anyone who saw the accident
4. File a police report: For vehicle accidents, always get an official report
5. Screenshot your app status: Show that you were logged in, on an active trip/delivery, or waiting for requests. This evidence is critical for determining which insurance applies
6. Report to the platform: Use the app's safety or incident reporting feature immediately

In the Days Following

1. Seek medical treatment: Even if injuries seem minor, get evaluated. Some injuries worsen over time
2. Tell your doctor it was a work injury: This creates the medical-legal connection needed for any claim
3. Preserve all records: Save ride/delivery history, earnings statements, app communications, and insurance correspondence
4. Consult an attorney: Gig worker injury claims are complex. An attorney can evaluate all potential avenues of recovery -- workers' comp, Prop 22 insurance, third-party personal injury claims, and your own auto/health insurance
5. Do not give recorded statements: Insurance companies (both the platform's and any third-party's) will want recorded statements. Consult an attorney first

The Future of Gig Worker Protections

The legal landscape for gig worker rights is evolving rapidly. Key developments to watch:

• Ongoing Prop 22 litigation: The California Supreme Court may ultimately rule on Prop 22's constitutionality
• Federal reclassification efforts: The U.S. Department of Labor has issued updated guidance on the employee vs. independent contractor distinction under federal law
• Legislative action: California legislators continue to introduce bills aimed at expanding protections for gig workers
• Company policy changes: Some gig companies are voluntarily expanding benefits in response to public pressure and driver shortages

Regardless of how the law evolves, gig workers who are injured today need help now. Do not assume you have no options because a company calls you an "independent contractor." The law may say otherwise.

Insurance Coverage Gaps: A Summary

Understanding the coverage gaps is critical for gig workers. Here is a summary of where you may be unprotected:

Frequently Asked Questions