How to Navigate Work Injuries in the Gig Economy

“Gig” jobs have never been as popular as they are today, with more and more people choosing the freedom of detaching from employers and working flexible hours. A recent survey showed an astonishing 39% of adults have a side job in the gig economy. Gig work provides tremendous opportunities for second jobs to supplement income, and some gig workers choose to work their gig jobs full-time. But how do you recover compensation after an injury at work without an employer or workers’ compensation insurance?

What is the Gig Economy?

The Gig economy has always existed within the greater labor force but began flourishing during the COVID-19 epidemic. The term “Gig Economy” covers the part of the labor market that operates under short-term contracts, freelance work, and autonomy. Today’s gig economy encompasses far more than rideshare drivers and delivery workers. The second-most popular gig work in the U.S. is physical labor jobs performing household tasks, caregiving, repair work, and home improvement—all of which have high instances of on-the-job injuries. Because independent workers are not employees, they aren’t covered by workers’ compensation insurance. How does an injured worker recover compensation if they work in the gig economy?

What Types of Injuries Are Common in the Gig Economy?

Traffic accidents suffered by rideshare and DoorDash drivers aren’t the only way that gig workers suffer injuries while on the job. Landscapers, gardeners, repairmen, house cleaners, painters, and caregivers often suffer serious injuries while working independently of any employer—which means the person who hired them does not have to provide benefits like health insurance or workers’ compensation. Workplace injuries in these jobs include:

• Back injuries
• Neck injuries
• Head injuries/traumatic brain injury
• Fractures
• Traumatic amputations
• Burns
• Electrocution injuries
• Toxic exposure
• Soft-tissue injuries to knees, shoulders, wrists, and ankles
• Lacerations

Falls from heights (such as roof falls), heavy machinery injuries, chemical exposures, and struck-by accidents are common in gig jobs involving manual labor.

What Are the Options Available to Injured Gig Workers?

There were 2.8 reported non-fatal work injuries between 2021 and 2022, the most recently released data. This number is widely underreported, due to the prevalence of work injuries within the gig economy. When an exterior home painter or handyman who works independently suffers an injury, they cannot file for workers’ compensation so their injury isn’t reported as a work-related injury to any statistical entity. When a gig worker is injured, the cost of medical treatment falls on them—often at the same time that they’re unable to return to the job.

Because the gig economy lacks the safety net of workers’ compensation and independent contractors are not covered under an employer’s insurance, recovering compensation can be challenging. An experienced workers’ compensation attorney can guide you through options that could be available to you such as:

• A lawsuit against a negligent temporary employer, like a company using a temporary worker, since they aren’t protected under workers’ compensation which prevents employees from filing lawsuits
• Obtaining compensation through a property owner’s liability insurance in a personal injury claim or lawsuit
• A claim against an at-fault driver’s car insurance if the injury occurred in a traffic-related accident while on the job
• A defective product claim if the injury was caused by defective equipment

Explore Your Options for Compensation After a Work Injury

It’s important to explore all available options for compensation when workers’ compensation benefits are not available to a gig worker. Recovering compensation after an injury relieves financial hardship and allows a work injury victim the time needed to recover from the injury. Serious work-related injuries can cause permanent disability, making a successful claim critical. An experienced work injury attorney in Los Angeles can examine all aspects of the injury and the circumstances to determine the best way forward.