Gig Worker Workers' Comp Calculator 2026

Generally no. Both platforms classify drivers as independent contractors and exclude them from workers comp in every state except where state law specifically requires it. California provides a Prop 22 occupational accident product instead — meaningful but weaker than workers comp. If you're hurt, talk to an attorney about misclassification options.

Prop 22 requires app-based platforms to provide occupational accident insurance for active app-on time. Coverage typically includes up to $1 million in medical expenses, disability payments at 66% of average weekly net earnings (capped) for up to 104 weeks, and survivor benefits in fatal cases. It's narrower than workers comp — it only applies during active app engagement, not commuting or between gigs.

You may have a claim. Some states use the 'ABC test' (California, New Jersey, Massachusetts, others), which presumes employee status unless the employer proves three specific factors. If you can show you functioned as an employee — controlled hours, required uniform, exclusivity, no independent business — you may recover full workers comp benefits retroactively, plus penalties.

Multiple insurance layers may apply: your personal auto insurance (often excludes commercial use unless you have a rideshare endorsement), the platform's contingent liability coverage (typically $1 million while a passenger or order is in the car), and the at-fault driver's insurance if someone else hit you. Don't rely on the platform alone — get an attorney to coordinate the layers.

Strongly consider it. Occupational accident insurance for independent contractors is available from a number of carriers, typically running $30–$100/month for $500K–$1M in coverage. It's not as broad as workers comp, but it's much better than nothing — particularly given that most gig work involves driving, lifting, or both.

It's complicated and usually requires misclassification arguments. Direct lawsuits against rideshare platforms have had mixed success. Where you have a stronger case is third-party liability — suing the at-fault driver, the property owner where you slipped, or the manufacturer of defective equipment. An attorney experienced with gig economy cases can map your options.