Because Uber argues that its drivers are not employees, the company does not allow them to make workers’ compensation claims for injuries that occur in the workplace, i.e. while driving.
In a May 2017 addition, Uber began to offer an optional insurance program to drivers. Nonetheless, Uber’s policy is importantly inferior to workers’ compensation. 1) Uber’s policy comes at at an additional cost that drivers must pay, whereas workers’ compensation is automatically provided by employers to employees at no charge. 2) Uber’s optional coverage maxes out at half of a driver’s average weekly earnings, whereas many states require that workers’ compensation pay out more (two thirds of salary in California, Massachusetts, and New York). 3) Uber’s policy requires drivers to submit disputes to arbitration, whereas workers’ compensation disputes are overseen by public boards. 4) Uber’s policy covers only total disabilities that prevent a driver from working at all, whereas workers’ compensation covers partial disabilities.