Gig Economy Injuries in Maryland: Do App-Based Workers Qualify for Workers’ Compensation?

Maryland residents often turn to apps such as DoorDash, Uber, Instacart, and TaskRabbit to supplement their income. These platforms market flexibility and independence, but when a gig worker is hurt on the job, it can leave them in a serious financial jam.

Most gig companies classify their workers as independent contractors, meaning they don’t have workers’ compensation coverage when something goes wrong. However, that classification isn’t always correct and can be challenged. Our experienced Maryland workers’ compensation attorney explains how gig economy classification works and what injured app-based workers can do to get the benefits they deserve.

Why Gig Companies Classify Maryland Workers as Independent Contractors

For gig economy companies, classifying workers as independent contractors is a deliberate strategy. It eliminates their obligation to provide workers’ compensation, unemployment insurance, and other employee benefits.

For platforms that rely on Maryland workers, that distinction saves enormous amounts of money. Unfortunately, it’s often at the expense of workers who are hurt on the job. You could be left paying out of pocket when injuries happen as a result of the following:

• Motor vehicle crashes while transporting customers or making deliveries;
• Slips and falls caused by uneven walkways, wet floors, or other hazards;
• Heavy lifting and other types of overuse or repetitive motions;
• Dog bites and attacks;
• Getting struck by or against objects.

The Maryland Department of Labor warns that independent contractors aren’t protected under state employment laws, which means they generally aren’t covered by workers’ compensation. However, you can challenge your classification and your right to benefits that can help cover your medical care, lost income, and other costs.

How Maryland Gig Workers Can Challenge Their Classification

Being labeled as an independent contractor does not automatically disqualify you from Maryland workers’ compensation benefits. The Maryland Workers’ Compensation Commission (WCC) evaluates the actual working relationship between you and your employer, not just what they say.

If you can prove you were actually functioning as an employee of the company, you may have a legitimate claim, regardless of what your contract states. To challenge an independent contractor classification, take these steps:

• Document how the app platform controlled your work, including app-based instructions, performance requirements, and deactivation policies.
• Save records of your earnings, work schedule, and communications that reflect the degree of control exercised over your work.
• File a Maryland workers’ compensation claim even if the company insists you are not covered, since the WCC makes the final determination.
• Gather evidence showing economic dependence on the platform, including whether gig work was your primary or sole source of income.

Keep in mind gig companies and their insurers are quick to defend classification disputes. To get the benefits you deserve, get professional legal help right away.

Contact Our Maryland Workers’ Compensation Attorney

At Berman, Sobin, Gross, Feldman & Darby LLP, our experienced Maryland workers’ compensation attorney challenges improper independent contractor classifications, investigates the true nature of gig-work relationships, and fights to ensure injured workers receive the benefits they deserve. Contact us today to request a consultation.

Source:

labor.maryland.gov/labor/wagepay/wpempindcont.shtml