The rise of the gig economy has transformed how millions of Americans earn a living. From rideshare drivers to food delivery couriers, app-based work offers flexibility—but it also comes with significant risks. Unlike traditional employees, gig workers often lack gig worker protections, leaving them vulnerable when injuries occur. In Texas, where many employers operate as non-subscribers (opting out of workers’ compensation), the legality becomes even more complex for independent contractors.
For delivery drivers, rideshare operators, and other app-based workers, an on-the-job injury can lead to financial strain, medical debt, and uncertainty about legal rights. Without the safety net of workers’ comp, injured gig workers must navigate a system that often favors corporations over individuals. Dallas employment lawyer Warren Armstrong focuses exclusively on non-subscriber cases, helping independent contractors understand their options when injured due to employer negligence.
The Gig Economy and the Blurred Line Between Employee and Independent Contractor
One of the biggest hurdles for gig workers seeking compensation after an injury is their classification as independent contractors rather than employees. While employees are typically covered by workers’ compensation (or, in non-subscriber cases, employer injury benefit plans), independent contractors are responsible for their own insurance and medical costs.
Companies like Uber, Lyft, DoorDash, and Instacart classify their workers as independent contractors, arguing that they operate as freelancers rather than traditional employees. However, courts and labor advocates have increasingly questioned this classification, pointing to the level of control these companies exert over workers’ schedules, pay rates, and job requirements.
Key factors that complicate gig worker protections in Texas include:
- Lack of traditional benefits. Independent contractors don’t receive health insurance, paid leave, or disability coverage through their gig employers.
- No automatic injury coverage. Unlike employees of subscribing companies, gig workers injured on the job must prove negligence to recover damages.
- Contractual limitations. Many gig platforms require workers to sign arbitration agreements, limiting their ability to sue in court.
Understanding these distinctions is critical for gig workers who suffer injuries while working. Without proper legal guidance, many miss out on compensation they may be entitled to under Texas negligence laws.
Common Injuries Faced by Gig Workers—And Who’s Responsible
Gig economy workers face distinctive hazards depending on their role. Whether delivering food, transporting passengers, or completing app-based tasks, the risks are often overlooked until an accident occurs.
Delivery Drivers
These workers spend hours on the road, increasing their chances of being involved in car accidents. Poor weather, distracted driving, and tight delivery deadlines contribute to the danger. If a driver is injured in a crash caused by another motorist, they may file a third-party claim. However, if the accident results from employer negligence (such as requiring unsafe delivery quotas), the gig company could be liable.
Rideshare Operators
Uber and Lyft drivers face risks ranging from passenger assaults to high-speed collisions. While both companies provide some insurance coverage during active rides ($1 million in liability coverage is standard), gaps exist when drivers are logged into the app but haven’t yet accepted a ride.
App-Based Laborers
Workers for platforms like TaskRabbit or Handy often perform physical tasks such as moving furniture or home repairs. That means things like strains, falls, and equipment-related injuries are common. Since these workers are classified as independent contractors, they typically bear the cost of medical treatment unless negligence can be proven.
For gig workers, documenting injuries and understanding liability is crucial. Without gig worker protections, securing fair compensation often requires legal intervention.
Legal Options for Injured Gig Workers in Texas
Since most gig workers are classified as independent contractors, they’re excluded from traditional workers’ compensation. However, if you find yourself injured as a gig worker, it’s important to note Texas law still allows injured workers to pursue claims under negligence theories if their injuries resulted from someone else’s actions.
Potential legal avenues for gig workers include:
- Third-party liability claims. If another driver, property owner, or manufacturer’s defective product caused the injury, the worker may file a claim against that party.
- Employer negligence claims. If the gig company’s policies or lack of safety measures contributed to the injury (e.g., forcing drivers to work in hazardous conditions), under Texas CPRC §16.003, a non-subscriber claim may be possible.
- Uninsured/underinsured motorist coverage. Many gig workers rely on their personal auto insurance, but standard policies may deny claims if they discover the vehicle was used for commercial purposes.
Warren Armstrong can help gig workers assess their legal options after an injury. Because non-subscriber cases hinge on proving negligence, gathering evidence—such as accident reports, witness statements, and medical records—is essential.
Steps Gig Workers Should Take After an Injury
If you’re an independent contractor injured while working, taking immediate action can strengthen your claim.
- Seek medical attention. Even if injuries seem minor, a doctor’s evaluation creates a record linking the accident to your condition.
- Report the incident. Notify the gig platform and, if applicable, file a police report (especially for car accidents).
- Document everything. Take photos of the scene, save communications with the employer, and keep receipts for medical expenses.
- Consult a lawyer. Before accepting any settlement or signing paperwork, consider speaking with an attorney who understands gig worker protections and non-subscriber claims.
Many gig companies offer small and quick settlements to avoid larger payouts later. However, these offers rarely cover long-term medical costs or lost wages. An experienced lawyer can help determine whether you’re being fairly compensated.
Why Legal Representation Matters for Gig Workers
Navigating an injury claim as an independent contractor can be far more complicated than filing a traditional workers’ comp claim. Without legal guidance, gig workers may:
- Miss filing deadlines
- Accept inadequate settlements
- Fail to prove employer negligence
- Lose access to crucial evidence
Warren Armstrong focuses exclusively on non-subscriber cases, meaning he understands the tactics companies use to deny claims. Whether negotiating with insurers or litigating in court, having an advocate levels the playing field for injured gig workers.
Protecting Your Rights in the Gig Economy
The gig economy isn’t going away, but neither are the risks faced by its workers. Without gig worker protections, independent contractors must be proactive in safeguarding their rights—especially after an injury.
If you’ve been hurt while working for a non-subscribing employer or gig platform, don’t assume you have no options. Texas law provides avenues for compensation, but they require strategic legal action. For a thorough evaluation of your case, consider consulting Dallas employment lawyer Warren Armstrong to explore your next steps.
