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Uber, Lyft, DoorDash, Instacart, Grubhub, Amazon Flex, and similar platforms.
We are going to give you the straight version of this, because the honest answer is more useful than an encouraging one.
In Castellanos v. State of California (2024) 16 Cal.5th 588, the California Supreme Court upheld Proposition 22. App-based drivers for network companies are not employees, and do not receive California workers' compensation.
What you have instead is occupational accident insurance, required by Business and Professions Code § 7455.
It is not the same thing, and the differences matter.
What Prop 22 actually gives you
§ 7455 requires network companies to carry:
| Benefit | What the statute requires |
|---|---|
| Medical expenses | Coverage up to at least $1,000,000 |
| Disability payments | 66% of your average weekly earnings, for up to the first 104 weeks following the injury |
| Accidental death | Benefits for dependents, including burial, determined by reference to Labor Code §§ 4701 and 4702 |
| Third-party liability | Coverage for injuries you cause to others during engaged time |
It applies while you are "online with a network company's online-enabled application or platform."
And a network company may not operate in California beyond 90 days without it.
What you do not have
No permanent disability award. This is the largest gap. California workers' compensation pays for permanent impairment — a rating, a percentage, and money for a body that does not work the way it used to. Occupational accident insurance replaces income for up to 104 weeks and then stops.
No lifetime medical. Comp keeps medical open for the industrial injury unless you settle it away. Occupational accident coverage has a policy limit.
No job displacement voucher.
No life pension and no permanent total disability. A catastrophically injured employee can receive payments for life. A catastrophically injured app-based driver receives 66% of earnings for 104 weeks.
No § 132a, no § 4553, no § 5814 penalties, and no Appeals Board. Disputes go through the insurance policy, not through a workers' compensation judge.
The practical consequence: in a minor injury the difference is small. In a catastrophic one it is enormous.
Where you may still have a real claim
This is the part nobody tells drivers, and it is frequently the largest part.
A civil claim against whoever hurt you. If another driver hit you, you have a full personal injury case — pain and suffering, lost earning capacity, everything. Your classification as an independent contractor does not reduce it. If anything, it removes the workers' compensation lien that would otherwise attach.
Your own uninsured and underinsured motorist coverage, and in some circumstances the platform's UM/UIM coverage during engaged time. Check both policies. Many drivers do not realize the platform's coverage may respond.
Premises liability. Injured on a customer's property, at a restaurant loading area, in an apartment stairwell, in a parking structure — that is a claim against the property owner.
Dog bites. California imposes strict liability on dog owners in most circumstances. This is a very common delivery injury and it is a straightforward claim.
Assault and robbery — with a claim against the property owner where inadequate security contributed.
And misclassification is still contestable outside Prop 22's scope. Prop 22 covers "app-based drivers" for "network companies" performing rideshare and delivery services. Work that falls outside that definition is governed by ordinary California law — where § 3357 presumes employee status and AB 5's ABC test applies. If you were doing something other than app-based rideshare or delivery, do not assume Prop 22 answers your question.
What to do after an injury
Report it in the app immediately and screenshot the report and the confirmation.
Screenshot everything before it is gone — the trip, the timestamps, your online status, your earnings history for the prior weeks. Your "engaged time" status is what triggers the coverage, and the platform controls that data.
Get medical care and say it happened while working.
Report the crash to the police and get a report number.
Photograph the scene, the vehicles, and any hazard.
Notify your own auto insurer, and check whether you carry UM/UIM.
And get the civil case evaluated. It is very often the larger claim, and it has its own deadlines — two years for most personal injury claims, and six months to present a claim against a government entity.
Frequently asked questions
Do I get workers' comp as an Uber or DoorDash driver?
No. Castellanos v. State of California (2024) upheld Prop 22. You receive occupational accident insurance under Business and Professions Code § 7455 instead.
What does that cover?
Medical expenses up to at least $1,000,000, disability payments of 66% of average weekly earnings for up to 104 weeks, and accidental death benefits for dependents.
What am I missing compared to workers' comp?
Permanent disability, lifetime medical, the job displacement voucher, life pension and permanent total disability, statutory penalties, and access to the Appeals Board.
Someone hit me while I was driving for the app.
You have a full personal injury claim against them — and unlike an employee, no workers' compensation lien attaches to it. That case is usually worth substantially more than the benefits.
A dog bit me on a delivery.
California imposes strict liability on dog owners in most circumstances. It is one of the most common and most straightforward delivery claims.
Can I still argue I'm an employee?
Not for app-based rideshare and delivery work covered by Prop 22. For work outside that definition, ordinary classification law applies — and it is worth checking rather than assuming.
Talk to a lawyer
Free consultation. No fee unless we recover. You are not responsible for costs we advance if there is no recovery.
(213) 380-931024/7 intake (213) 463-6469
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Sources
Labor Code § 2750.5 — text · § 3357 · § 3706 · § 3708 · § 3716 · § 4553 · § 4660.1(c) · § 4701 · § 4702 · § 5402 · § 5412 · Business and Professions Code § 7455
8 CCR § 5120 — Health Care Worker Back and Musculoskeletal Injury Prevention · § 3342 — Workplace Violence Prevention in Health Care · § 3395 and § 3396 (heat) — Cal/OSHA
Privette v. Superior Court (1993) 5 Cal.4th 689 · Hooker v. Department of Transportation (2002) · Kinsman v. Unocal Corp. (2005) · Sandoval v. Qualcomm Inc. (2021) 12 Cal.5th 256 — doctrine summary · Castellanos v. State of California (2024) 16 Cal.5th 588 · California Trucking Association v. Bonta (9th Cir. 2021), cert. denied — background
General information about California law, not legal advice about your case.
Law Offices of Solov & Teitell, APC · (213) 380-9310 · 24/7 (213) 463-6469
Printed from https://www.solovteitell.com/industries/rideshare-gig-workers/ · Last reviewed 2026-08-23