Every day more people step into the gig economy for a second source of income, to bridge the gap between full time jobs, or just to make a little extra spending cash. There’s no shortage of these jobs either, as the rise of companies like Uber, Lyft, and DoorDash means that delivery and rideshare drivers are always in demand. But how does Minnesota view these gig workers when it comes to workers’ compensation law? Are they eligible for full benefits, or are they out of luck in the event of an injury? We explain below.
The Status of Gig Workers
In today’s gig economy, you may find a job through an app or on a website, and you may work for one employer performing different tasks or for a number of different people. This can make it difficult to determine if you’re an employee of a business or an independent contractor. Sometimes the business owner intentionally misclassifies their employees in order to avoid carrying workers’ compensation insurance, while other times they may be confused themselves.
So how can you determine if you’re an independent contractor or an employee entitled to workers’ compensation benefits if you’re a gig worker? Minnesota has created a test to help you determine your status, so you have to compare your work role to the standards set forth in the test. According to the test, you are more likely an independent contractor if you:
- Are operating under contract to perform the specific services for the employee for specific amounts of money and under which you control the means of performing the services;
- Are incurring the main expenses related to the services that you are performing for the person under the contract;
- May incur a profit or suffer a loss under the contract to perform services for the person;
- Are responsible for the satisfactory completion of the services that you have contracted to perform and are liable for a failure to complete the services;
- Receive compensation from the person for the services performed under the contract on a commission or per-job or competitive bid basis and not on any other basis;
You can view the full test on the Minnesota Department of Labor and Industry’s website, but the factors above should give you a pretty good idea where you fall in terms of injury compensation protection.
Even if you think that you are unable to file for workers’ compensation as a gig worker, it is in your best bet to contact an experienced legal team like Hey Workers to talk about your options. The worst case is that we simply tell you that you’re not covered, and the best case is that you are protected by law and receive a large payment. There’s no harm in calling, so pick up the phone and talk to us today to see if you can get injury compensation for your work injuries.
