Companies like Uber and Postmates have brought about what experts call the “gig economy.” By allowing virtually anyone to take on independent jobs through ridesharing and delivery service apps, millions of Americans now have a convenient way to earn a little extra money. At the same time, these apps allow people from all walks of life to enjoy previously inaccessible or cost-prohibitive services, whether they live in a large city or a small town.
On the surface, it seems like a win-win for everyone involved. However, the gig economy has also posed difficult questions for our legal system, as these massive tech companies struggle to define their relationships to “gig economy” workers – especially when it comes to injuries sustained during a job.
At Donati Law, PLLC, our Memphis personal injury attorneys can provide you with skilled legal counsel on a wide range of injury and workers’ compensation cases. If you’ve been injured during a Postmates or Grubhub delivery, you may wish to seek compensation in the wake of your accident. But who can be held liable for your injuries, anyway?
The Debate on Gig Workers’ Rights
From their inception, companies like Uber and Postmates have defied economists’ expectations, and disrupted traditional ways of thinking about business. From uprooting overpriced taxi services to opening up new avenues for delivery from any restaurant, consumer demand has fueled the gig economy and brought about a new age of economic growth and convenience.
However, because this business model is still in its infancy, there has also been much trial-and-error when it comes to gig economy workers and their rights. Many have insisted that Postmates delivery workers and Uber drivers are simply independent contractors, and therefore ineligible for standard employee benefits or workers’ compensation. Others, especially those who advocate for workers’ rights, have argued that some gig workers are misclassified as independent contractors and should be seen as full-time employees, as they are pressured to accept more and more hours to make ends meet.
Determining Liability for Postmates Delivery Worker Injuries
Because it’s estimated that more than 43% of the U.S. workforce could be part of the gig economy by 2020, many parties are eager to define the relationship between these Silicon Valley giants and their army of delivery workers, couriers, drivers, and other agents. The Washington State Department of Labor & Industries audited Postmates in 2015, and found that the company was responsible for millions in unpaid workers’ compensation premiums. In their report, the DLI noted that rising demand led Postmates couriers to accept more and more jobs, and vie for the best hours from the company – effectively making them employees.
But Postmates fought back. In subsequent court cases, Postmates has claimed they are not liable for their workers’ injuries, on the grounds that they are purely a technology company and do not actually “employ” delivery workers. Now, individual states are left to decide whether gig workers for Postmates, Grubhub, and the like can be classified as employees. In February 2018, a California court decisively ruled that gig workers were not eligible for overtime in that state, nor for workers’ compensation. In September, a New York judge in Matter of Vega v. State of New York found that couriers are indeed considered independent contractors there.
Representing Injured Delivery Workers in Memphis
Time will only tell how the debate over companies like Postmates and Grubhub will conclude, as legal battles about gig workers’ protections still rage in courtrooms across the country. But if you’ve been injured during your Postmates job, there’s little time to waste on theories about liability for your serious injuries. You need compensation as soon as possible to help pay for your medical bills, and account for your pain and suffering.
At Donati Law, PLLC, our workers’ compensation attorneys can help you determine whether you have the grounds to fight back against Postmates or Grubhub for failing to protect you as a delivery worker. Even if it’s ultimately difficult to claim workers’ compensation coverage in your case, our team can also assist you in pursuing a personal injury lawsuit against another driver, or a property owner at a restaurant where you slipped and fell. With every case we handle, we will strive to maximize your financial recovery, and use all the resources at our disposal to fight on your behalf.
Contact our skilled personal injury and workers’ compensation team today at (901) 209-5500 for prompt legal assistance!
Companies like Uber and Postmates have brought about what experts call the “gig economy.” By allowing virtually anyone to take on independent jobs through ridesharing and delivery service apps, millions of Americans now have a convenient way to earn a little extra money. At the same time, these apps allow people from all walks of life to enjoy previously inaccessible or cost-prohibitive services, whether they live in a large city or a small town.
On the surface, it seems like a win-win for everyone involved. However, the gig economy has also posed difficult questions for our legal system, as these massive tech companies struggle to define their relationships to “gig economy” workers – especially when it comes to injuries sustained during a job.
At Donati Law, PLLC, our Memphis personal injury attorneys can provide you with skilled legal counsel on a wide range of injury and workers’ compensation cases. If you’ve been injured during a Postmates or Grubhub delivery, you may wish to seek compensation in the wake of your accident. But who can be held liable for your injuries, anyway?
The Debate on Gig Workers’ Rights
From their inception, companies like Uber and Postmates have defied economists’ expectations, and disrupted traditional ways of thinking about business. From uprooting overpriced taxi services to opening up new avenues for delivery from any restaurant, consumer demand has fueled the gig economy and brought about a new age of economic growth and convenience.
However, because this business model is still in its infancy, there has also been much trial-and-error when it comes to gig economy workers and their rights. Many have insisted that Postmates delivery workers and Uber drivers are simply independent contractors, and therefore ineligible for standard employee benefits or workers’ compensation. Others, especially those who advocate for workers’ rights, have argued that some gig workers are misclassified as independent contractors and should be seen as full-time employees, as they are pressured to accept more and more hours to make ends meet.
Determining Liability for Postmates Delivery Worker Injuries
Because it’s estimated that more than 43% of the U.S. workforce could be part of the gig economy by 2020, many parties are eager to define the relationship between these Silicon Valley giants and their army of delivery workers, couriers, drivers, and other agents. The Washington State Department of Labor & Industries audited Postmates in 2015, and found that the company was responsible for millions in unpaid workers’ compensation premiums. In their report, the DLI noted that rising demand led Postmates couriers to accept more and more jobs, and vie for the best hours from the company – effectively making them employees.
But Postmates fought back. In subsequent court cases, Postmates has claimed they are not liable for their workers’ injuries, on the grounds that they are purely a technology company and do not actually “employ” delivery workers. Now, individual states are left to decide whether gig workers for Postmates, Grubhub, and the like can be classified as employees. In February 2018, a California court decisively ruled that gig workers were not eligible for overtime in that state, nor for workers’ compensation. In September, a New York judge in Matter of Vega v. State of New York found that couriers are indeed considered independent contractors there.
Representing Injured Delivery Workers in Memphis
Time will only tell how the debate over companies like Postmates and Grubhub will conclude, as legal battles about gig workers’ protections still rage in courtrooms across the country. But if you’ve been injured during your Postmates job, there’s little time to waste on theories about liability for your serious injuries. You need compensation as soon as possible to help pay for your medical bills, and account for your pain and suffering.
At Donati Law, PLLC, our workers’ compensation attorneys can help you determine whether you have the grounds to fight back against Postmates or Grubhub for failing to protect you as a delivery worker. Even if it’s ultimately difficult to claim workers’ compensation coverage in your case, our team can also assist you in pursuing a personal injury lawsuit against another driver, or a property owner at a restaurant where you slipped and fell. With every case we handle, we will strive to maximize your financial recovery, and use all the resources at our disposal to fight on your behalf.
Contact our skilled personal injury and workers’ compensation team today at (901) 209-5500 for prompt legal assistance!
