Gig Economy Workers’ Comp: Freelancer Rights Guide

The gig economy has created a new challenge for Louisiana’s workers’ compensation laws. Gig workers, also known as freelancers or independent contractors, often do not have the same protections as traditional employees. If you work in the gig economy in Louisiana, it’s important to understand your rights and options for workers’ compensation benefits in case you are injured on the job.

Workers’ Compensation for gig workers in Louisiana

In Louisiana, the workers’ compensation laws generally apply to employees, not independent contractors. However, Louisiana law does provide some protections for gig workers who are injured on the job. If a gig worker is injured while working for a company that has workers’ compensation insurance, they may be covered by that insurance policy.

Additionally, Louisiana law allows for independent contractors to purchase their own workers’ compensation insurance if they choose to do so. This can be a good option for gig workers who want to protect themselves in case of injury on the job.

Determining your employment status

Gig workers in Louisiana should be aware of the state’s “ABC” test for determining employment status. Under this test, a worker is presumed to be an employee unless all three of the following conditions are met:

• The worker is free from control and direction of the hiring entity
• The worker is performing work outside the usual course of the hiring entity’s business
• The worker is customarily engaged in an independently established trade, occupation, or business

If a gig worker can meet all three of these conditions, they may be classified as an independent contractor and not eligible for workers’ compensation benefits. However, this determination can be complex and may require legal advice.

When should gig workers seek legal representation?

Denied Claims: Gig workers may encounter challenges in getting their workers’ compensation claims approved. If your claim is denied, it’s a clear signal to seek legal representation. An attorney can navigate the appeals process and advocate for your right to compensation.

Disputes over Employment Status: Determining whether a gig worker qualifies as an independent contractor or an employee can be complex. If there are disputes over your employment status, legal representation becomes essential to ensure you are correctly classified and eligible for workers’ compensation benefits.

Navigating the Legal Landscape: Workers’ compensation laws can be intricate. Having a legal professional by your side ensures you understand your rights, obligations, and the best course of action to secure the benefits you deserve.

Why seek legal representation?

Maximizing Compensation: An experienced attorney can help you navigate the complexities of workers’ compensation laws to ensure you receive the maximum benefits available to you.

Protecting Your Rights: Legal representation safeguards your rights in case of disputes, denials, or attempts to downplay the severity of your injuries.

Streamlining the Process: The legal process can be overwhelming, especially for gig workers unfamiliar with the intricacies of workers’ compensation. An attorney can streamline the process, handling paperwork, negotiations, and any required legal actions on your behalf.

Gig workers in Louisiana face unique challenges when it comes to workers’ compensation benefits. However, by understanding your rights and options, documenting your work, and seeking legal advice when needed, you can protect yourself in case of injury on the job.

If you were injured on the job as a freelancer, contact Workers’ Compensation, LLC to see if you qualify for workers’ compensation benefits.