You drive for hire and you were injured

The classification question

Whether you're covered by workers' compensation turns on whether you're legally an employee, and that's determined by the actual working relationship rather than by the label on your tax form. States apply different tests, and several have adopted tests that treat gig drivers as employees in some contexts. Others have passed legislation carving them out and substituting a limited benefits scheme.

The coverage that may exist anyway

Even where comp doesn't apply, drivers frequently have more available than they realize.

• Occupational accident coverage, which several platforms and fleets provide — it covers medical costs and some disability benefits without an employment finding
• The platform's UM/UIM coverage during active periods, if the driver who hit you was uninsured or underinsured
• Your own auto policy's med-pay or PIP, though a livery exclusion may apply — check the endorsements
• A claim against the at-fault driver, which is available regardless of your classification
• State disability benefits, where they exist

The lost income problem

Proving income loss is harder for for-hire drivers than for salaried workers, and it's where these claims most often get shortchanged. Earnings fluctuate, some income is in cash, and the expense side is significant.

Medallion and fleet drivers

Traditional taxi arrangements add another layer. A driver leasing a medallion or a shift from a fleet operator has a relationship with the fleet that may or may not create employment, and the fleet's insurance may or may not cover the driver personally as opposed to third parties.