Workers’ Compensation for Gig Economy Workers and Temporary Workers in Pennsylvania

October 3, 2024
Stern & Cohen
Independent contractor working on a job site on a ladder

The gig economy has grown rapidly, bringing flexibility to both workers and companies. A gig worker is an individual hired to complete specific projects or work for a defined period, often through platforms that provide on-demand services. Rather than relying on full-time employees, these companies utilize independent contractors. However, this shift has created challenges for gig workers when it comes to accessing workers’ compensation benefits in Pennsylvania, as they are often classified as independent contractors and therefore ineligible for these benefits. If a gig worker is injured on the job, they may be left without the protection and compensation they would receive if classified as employees.

In Pennsylvania, whether a gig worker qualifies for workers’ compensation depends largely on their employment classification. The key factor is whether the worker has control over their own labor and work or if they are subject to the direction and control of the company. Below, we explore the distinctions between independent contractors, gig workers, and temporary workers:

  1. Independent Contractors: Independent contractors typically set their own hours and rates, enjoying the benefits of being their own boss. Because they control their work and are technically their own employer, they are generally not entitled to workers’ compensation benefits, even if they perform services for another company. Pennsylvania law views independent contractors as self-employed individuals.
  2. Gig Workers: While gig workers may have some flexibility in choosing their work hours, they are often bound by the rates set by the companies they contract with, and they rely on these companies for clients. Despite working under company guidelines, gig workers are frequently classified as independent contractors, making them ineligible for workers’ compensation benefits. However, there are cases where gig workers may be misclassified, and these situations should be carefully examined.
  3. Temporary Workers: Temporary workers are those employed for short-term assignments, often through staffing agencies. In many cases, temporary workers are considered employees of the staffing agency, which makes them eligible for workers’ compensation benefits if they are injured while on the job. However, eligibility may vary depending on the employment arrangement, and these cases are also subject to review.

Eligibility for Workers’ Compensation in Pennsylvania

To qualify for workers’ compensation benefits in Pennsylvania, the injury must occur during the course and scope of employment. This means that the injury must take place while performing job duties or engaging in activities related to employment. For gig and temporary workers, this can be complicated due to the way they are classified.

Misclassification as an independent contractor can lead to the denial of workers’ compensation benefits. In both gig and temporary worker cases, it’s essential to review the classification on a case-by-case basis to determine whether the worker should be considered an employee who is entitled to benefits.

What to Do if You’re a Gig or Temporary Worker Injured on the Job

If you or a loved one is a gig or temporary worker who has suffered a work-related injury, it’s important to know your rights. Even if you are classified as an independent contractor, you may still be eligible for workers’ compensation benefits, especially if you believe your classification is incorrect. The experienced attorneys at Stern & Cohen are here to help review your case and fight for the benefits you deserve.

Contact Us for a Free Consultation

If you have been injured while working as a gig or temporary worker, the team at Stern & Cohen can help. We offer a free, confidential consultation to review your case and discuss your options. Call us today to schedule your appointment.