Can Rideshare Drivers Receive Workers’ Compensation?

Rideshare apps, including Uber and Lyft, have become immensely popular with riders across the world. Rideshare apps are affordable and easy to use, so it is not surprising that thousands of people use them daily to get where they need to go. Unfortunately, however, sometimes there are accidents involving rideshare drivers.

If you are a rideshare driver and are injured in an accident, below is essential information to know about receiving workers’ compensation. Talk to our Schaumburg workers’ compensation lawyers if you need help with a claim.

Only Full-Time Workers Receive Workers’ Comp In Illinois

You must be a full-time employee in Illinois to receive workers' compensation. If you are a rideshare driver for Uber or Lyft, you will receive workers comp in only some situations. Most rideshare drivers are independent contractors, and they do not qualify for workers comp.

Consider Filing A Claim Under Uber’s Driver Injury Protection Program

If you are hurt while driving for Uber, you can file a claim under the company’s Driver Injury Protection policy. This policy will provide some medical coverage, but Uber does not require it for you to have it. If you do not sign up for the program, you must use your auto insurance to receive benefits. In most cases, that would be the only way you can receive compensation after an accident. However, there is an appeal process in Illinois if you are wrongly classified as an independent contractor.

What About Filing A Workers’ Comp Claim In Court?

Most rideshare drivers in Illinois are denied workers’ comp coverage. However, just because Uber and Lyft say you are an independent contractor does not make it so. In the last several years, Illinois judges have become more likely to consider whether rideshare companies are purposely misclassifying their workers.

If you think you are being incorrectly classified as an independent contractor, a workers’ compensation lawyer in Schaumburg can help you file an appeal with the workers’ comp commission if your claim is denied. The commission will review several factors to decide if you are an employee or contractor. These factors include:

  • Whether you provide services to the rideshare company without company control
  • Whether your services are inside or outside the firm’s core business
  • Whether you offer service to other rideshare firms

Proving you are an employee instead of an independent contractor is difficult, especially if an attorney does not represent you. However, if you were hurt on the job for a rideshare company and are being denied workers’ compensation, it is strongly recommended to hire an attorney. Your lawyer will review your case and inform you if it is worth filing an appeal with the workers’ comp commission.

Call A Workers’ Compensation Lawyer in Schaumburg Today

Were you injured in a rideshare accident near Woodfield Mall or Wintrust Field in Schaumburg? Our Schaumburg workers’ compensation lawyers at I Am Calling My Lawyer might be able to help you obtain workers’ comp after a rideshare accident. Our attorneys serve the communities of Elk Grove Village, Rolling Meadows, Streamwood, Roselle, Arlington Heights, Hanover Park, and the rest of Illinois. Contact our Schaumburg workers' comp lawyers today by calling (888) 841-4878.

Our Office Location:


1990 E. Algonquin Rd., Ste 230
Schaumburg, IL 60173