If you drive for a living, whether it's delivering packages, shuttling passengers, or making rounds as a home health aide, there's one crucial topic you can’t afford to ignore: workers’ compensation. So let’s dive in and make sure you’re ready for the road ahead!
If you drive for work and get hurt in an accident, you might be able to get workers’ comp to cover your medical bills and lost wages. This applies whether you’re a trucker, delivery driver, rideshare driver, or anyone who drives as part of their job.
The catch? It all comes down to whether you’re classified as an employee or an independent contractor. Employees usually get workers’ comp coverage, but independent contractors often don’t. So if you’re a home health aide driving between patients, you’re probably covered. But if you’re delivering food as an independent contractor, you might be out of luck.
Not sure about your status? It’s worth talking to a legal pro before anything happens.
Portal-to-Portal Coverage: Are You Covered While Driving?
Portal-to-portal coverage means that your travel time could be covered under workers’ comp. If you have a fixed workplace, like an office, workers’ comp usually covers you from when you clock in until you clock out. So, if you’re driving to or from work, that’s not usually covered.
But if your job involves driving from one place to another all day—like a delivery driver or home health aide—things are different. You might be covered from the moment you leave your house until you return at the end of the day.
Filing a Lawsuit Against Another Driver
When someone else causes your work-related accident, you might be able to file a third-party lawsuit for extra compensation beyond what workers’ comp covers. This includes things like pain and suffering, which workers’ comp doesn’t pay for. Just know that if workers’ comp paid for your medical bills, they might try to get reimbursed if you win money from a lawsuit.
If you drive for Uber, Lyft, DoorDash, or Uber Eats, figuring out if you’re covered by workers’ comp can be tricky. The rules are a little different for gig drivers, and not knowing how it works can leave you in a tough spot.
In New York, rideshare drivers are usually covered by workers’ comp as long as they were actively working when the accident happened. So if your app was on and you were either between rides or had a passenger in the car, you’re probably covered. But things get a bit fuzzy if your app was off or you were on a break—coverage might not apply.
Food delivery drivers, though, like those working for Uber Eats, DoorDash, or Postmates, aren’t currently covered under New York workers’ comp laws. Why? Because they’re usually classified as independent contractors, not employees.
If someone else caused the accident, don’t miss out on extra cash by skipping a personal injury claim. That’s where you can go after things like pain and suffering—something workers’ comp doesn’t cover.
Another way to boost your payout is through uninsured and underinsured motorist coverage (UM/UIM) on your own car insurance. This kicks in if the other driver doesn’t have insurance or doesn’t have enough to cover your injuries. A lot of folks think, “Why use my own insurance if it’s not my fault?” But that’s exactly why you pay for UM/UIM—to protect yourself when the other driver’s coverage falls short.
To make sure you’re getting the max, look at all your options—workers’ comp, a personal injury claim, and any extra coverage like UM/UIM. A solid lawyer who gets both workers’ comp and personal injury cases can help you navigate this and make sure you’re not missing out on money you’re entitled to.
A common mistake is thinking you can’t file for workers’ comp if the accident was your fault. Not true—workers’ comp is a no-fault system, so if it happened on the job, you’re covered. Another mistake? Assuming you’re not eligible for workers’ comp if you’re labeled as an independent contractor. Sometimes people are misclassified, so it’s worth talking to a lawyer to make sure.
If you’ve been injured while driving for work and you’re unsure about your next steps, or if you just have questions about your rights, I’m here to help.
There’s no pressure and no obligation—sometimes a quick call is all it takes to get a little clarity. If you’re looking for honest guidance and someone in your corner, give me, Rex Zachofsky, a call at 212-406-8989.
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