1. There’s good news for tech-savvy
Delawareans looking for a cheap
way to get around: the app-based
car service Uber is now officially
operating in the first state.
Almost like a cross between a
dating site and a taxi company, the
handy smartphone app allows users
who need rides and drivers who are
looking to make some fast money to
connect, with the drivers using their
own cars and the whole transaction
conducted through the app.
Sounds like a great thing for
Delaware, right?
Well, probably – as long as the
app’s users understand its risks.
As a workers’ compensation
attorney, when I learned about
Uber’s debut in Delaware I
immediately thought (like any
lawyer), about what could go wrong
– particularly for Uber drivers if they
get into an accident on the job.
Normally within the Delaware
workers’ compensation system, if
you are injured at work, you can be
compensated by your employer’s
insurance carrier for your medical
bills, lost wages and other costs.
These laws are in place as a kind of
exchange - you give up your ability
to sue your employer for unlimited
damages, and in return, they are
required to carry insurance that will
cover you if you are injured in the
course and scope of employment.
If, on the other hand, you are
classified as an independent
contractor or freelance worker, as is
the case for Uber drivers, you cannot
expect your employer to pick up any
expenses if you are injured in a
work accident.
That is because, legally speaking,
independent contractors are self-
employed. According to the Delaware
Workers’ Compensation Act, workers
in this category, which includes
everyone from Airbnb hosts (who rent
out their homes online) to drivers
with Uber’s competitor, Lyft, do not
qualify as official employees, and
therefore are not guaranteed typical
employee benefits, like workers’
compensation.
While Uber drivers (contractors)
deal with many of the same dangers
as truck drivers or delivery drivers,
if they are injured on the job they
can be left with huge medical bills
and no way to pay their rent, while
employees are protected under the
workers’ compensation laws.
Some believe that since Uber
drivers share these hazards with
other workers, they should have
access to the same workers’
compensation coverage, whether they
are official employees, or contractors.
Of course, independent contractors
also tend to benefit from greater
flexibility in their working lives.
Uber drivers set their own hours
and can work as little or as much
as they would like to throughout the
week, a perk that, for some drivers,
outweighs the risk of dealing with
expensive bills following a
work injury.
Still, under the current laws,
what is important is that anyone
who decides to use the app is aware
of what they are getting into.
Those who are thinking
about becoming Uber drivers in
Delaware should weigh whether
the convenience of providing rides
through the app is worth potentially
bearing the cost of an accident.
At Kimmel Carter, we have
significant experience representing
injured workers. If you have been
injured at work, a free consultation
with one of our attorneys, including
myself, is a great way to learn more
about your rights and what steps
you can take.
Heather has been an attorney
for over ten years, and is currently
practicing Workers’ Compensation and
Personal Injury Law at Kimmel, Carter,
Roman, Peltz & O’Neill, P.A. with
offices in Newark and Wilmington.
Heather worked her way through law
school as a paralegal in a personal
injury firm. After passing the bar
exam, she spent several years working
as a defense attorney, representing
local, regional and national companies.
With the knowledge gained about the
inner-workings of these companies,
she now represents injured workers
and personal injury plaintiffs.
Heather is a graduate of Widener
University School of Law, and the
University of Nebraska- Lincoln.
Prior to attending law school, she
was licensed as a paramedic and
spent time volunteering for her local
ambulance corps. She is also active
as a mock trial coach for Salesianum
High School.
Heather is licensed to
practice law in Delaware,
Pennsylvania and
New Jersey.
For more information,
or to schedule a free
consultation, please
call (302) 565-6132
or e-mail her
directly at HLong@
kimmelcarter.com.
By Heather A. Long, Esq.
Are Uber drivers protected?
Delaware Workers’ Compensation Law