Gig Workers and Workers' Compensation: What You Need to Know in 2025

The job landscape for gig workers is changing. With an increased demand for freelancers and workers with specific skills, challenges to existing employment laws are also increasing. Gig workers are gaining new rights.

Most recently, the Federal Trade Commission issued a policy stating that gig workers who attempt to unionize would not be subject to antitrust laws. In addition to making it easier for gig workers to organize and bargain, gig workers are also redefining how non-standard workers are compensated and demanding that safety nets reserved for standard workers be available to them. 

What Is the Gig Economy?

The gig economy is a network of independent and freelance workers who connect with clients through means of online platforms for short-term projects. Gig work now encompasses numerous industries like transportation, commuter design, consultation work, and even healthcare. 

Gig workers may never meet with their clients in real life, and usually can work the number of hours they’d like. Gig workers have scheduling flexibility, but they don’t always have the power to decide whether or not to take assignments, nor do they always have a say in how much compensation they can receive. 

Are Gig Workers Considered Employees?

The answer to this question is: sometimes. Although decades of gig workers have been classified as independent contractors or freelancers, recent court decisions have sided with gig workers in their quest for employee rights. In 2020, a Pennsylvania court ruled that Uber drivers were “Uber-controlled,” and therefore employees of Uber. 

This delineation is important because the popular rideshare company, while treating rideshare drivers as independent contractors, simultaneously held the ability to eliminate drivers if they refused rides and did not allow drivers to build a client base.

Gig Worker vs Independent Contractor

While gig workers have often been referred to as independent contractors, the Uber decision above highlights the fact that independent contractors have more control over their business than gig workers do. Independent contractors can accept and decline work, may have a secure business structure in place, and can develop long-term clients and business relationships. A gig worker may work for numerous clients on a one-time basis and have little control over how much they earn or whether or not they will be able to gain more business. 

Is a Temporary Worker a Gig Worker?

Typically, temporary workers are not considered gig workers. Temporary workers may fill a position temporarily for a company or client that needs short-term work. Temporary workers are often provided through staffing agencies, and the temporary worker is considered an employee of the staffing agency itself. 

If you are a temporary worker who is hired outside of a staffing agency, you probably still are not considered a gig worker. Temporary workers are usually subject to stricter employment policies (like clock-in, and clock-out times) and have a specific time frame for how long they will work for a particular client. 

How Do You Get Workers' Comp Insurance as a Gig Worker?

Currently, gig workers are not eligible for workers’ compensation in states like Pennsylvania. However, there are several ways a gig worker can protect themselves if they can no longer work. A gig worker may take out an insurance policy on their own, or they may be able to file a lawsuit against a third party if they are injured. 

Can a Gig Worker Claim Workers' Compensation Benefits?

The short answer is no. Gig workers will not typically be able to file for and receive workers’ compensation benefits. If you are injured while working, there may be remedies available to you like:

• Filing a third-party lawsuit. If, for instance, you were injured in a car accident while performing duties as a rideshare driver, you could potentially file a lawsuit against the driver of the other vehicle involved.

• Ensuring you are not misclassified. Companies may misclassify employees as “exempt” from workers compensation. An attorney can help you determine if you have been misclassified and help you fight for workers' compensation if you deserve it. 

The law surrounding workers' compensation is complex. In the future, workers’ compensation laws may change to provide benefits for gig workers. Having an attorney who is familiar with these laws is essential to knowing and exercising your rights. 

What Do I Do if I'm Denied Workers' Comp Benefits as a Gig Worker?

If you’ve been denied workers’ compensation, hiring a workers' compensation lawyer can help. An attorney can help you appeal a denial and build a case for your claim that consists of better documentation. Attorneys can also help with ensuring you are filing on time and not making clerical errors that could cost you time you don’t have. 

Likewise, if you have received benefits but they are less than you expected, hiring an attorney can help you appeal for more compensation.  If you’ve been misclassified as an exempt employee, an attorney can help you file a claim against your employer to redesignate your employment status and receive the workers’ compensation benefits you may be owed. If you have any questions as to whether or not you’ve been misclassified, it is worth it to have your case reviewed by an attorney. 

Talk to a Workers' Compensation Lawyer for Help with Your Claim

Whether or not you think you are owed workers’ compensation benefits, it’s always a good idea to have a lawyer review your case. If you are owed workers’ compensation benefits, an attorney can help you file for and receive them as expeditiously as possible. If you are ineligible, an attorney can help you with other options and navigate the next steps so you can receive compensation and move forward. 

When choosing an attorney, keep in mind that many firms offer free consultations which can be extremely beneficial in helping you understand your options and the impact of hiring an attorney. Not all workers will receive workers’ compensation, but having an experienced attorney on your side to help you can protect your right to compensation.