As with any other law, the Workers’ Compensation Law is one that continually has to adapt to the world and its changing times.  The Workers’ Compensation Law has provided coverage for yellow and green cab drivers involved in motor vehicle accidents, and with the explosion of ride share apps such as Uber and Lyft, the question quickly became if rideshare drives are covered as well.

The good news is, rideshare drivers can be covered under the law.  The Workers’ Compensation Law covers injuries sustained in and out of the course of one’s employment.  Therefore, Uber, Lyft and similar apps provide workers’ compensation coverage for injuries sustained while logged in and performing services.

So you’re driving a passenger for Uber (or any rideshare) and your car is hit from behind.  What should you do? First, notify Uber of the accident, and make sure there is a record that you were logged into the app when the accident happened.  Take a screenshot of the app, and if the police are called, let them know you were working for Uber. Try to get the passengers to give their names as well.

Next, make sure you get the immediate medical care you need.  Go to the hospital, a walk-in clinic or your family doctor, and be sure to tell them that you were driving for Uber when you had the accident.  Always follow your doctor’s advice following your visit.

Seek out the advice of a lawyer.  In our example, you have a worker’s compensation claim and a possible lawsuit against the other driver.  Remember, Uber’s workers’ compensation insurance company has a team of lawyers who attend every hearing.  Not every accident that occurs while driving is covered under compensation, and the carrier’s lawyers will do everything they can to try to prove that your case is not compensable.  You need a lawyer on your side to protect your and get you the benefits you deserve.

Remember, every accident is different and this blog is simply information, not advice. If you’ve had accident, the best thing you can do is call an attorney, one who focuses on workers’ compensation and who has been practicing in the field for years.  With over 125 years of combined experience in the workers’ compensation field, Polsky, Shouldice & Rosen, P.C. is here to help guide you through the complicated twist and turns of workers compensation. Give us a call for a free consultation today!