Gig platforms hand drivers a 1099 and call them independent contractors. Many injured workers assume that means they get nothing from workers' comp. That assumption is often wrong.
The Label Isn't the Law
In Pennsylvania, whether you're an employee or a contractor is decided by the reality of the working relationship — not by the form the company chose to issue. Courts look at factors like how much control the company exercises over how, when, and where you work, who supplies the tools, and how the pay is structured.
Why Misclassification Matters
If you were actually functioning like an employee, you may be entitled to full workers' compensation benefits — medical treatment and wage-loss coverage that are far broader than a private occupational accident policy. Companies have a financial incentive to classify workers as contractors, and that classification can be challenged.
Attorney Michael Cardamone, a Certified Workers' Compensation Specialist, handles the misclassification fight directly. Winning that fight can transform a limited OAI payout into a full comp claim.
And Don't Forget the At-Fault Driver
Whatever your employment status, if another driver caused the crash you may also have a third-party personal injury claim against them — which can recover pain and suffering and full lost wages. We coordinate the comp and third-party sides so nothing is left behind.
Frequently Asked Questions
I got a 1099 — am I automatically barred from workers' comp?
No. The 1099 label does not decide your legal status. Pennsylvania looks at the reality of the relationship, especially how much control the company had over your work.
How is misclassification proven?
By examining control over how, when, and where you worked, who supplied equipment, and how you were paid. A Certified Workers' Compensation Specialist can evaluate whether your classification can be challenged.
Were You Misclassified as a Contractor?
Speak with a Certified Workers' Compensation Specialist about your options as a gig or delivery worker. Free, confidential consultation. No fee unless we win.
(215) 206-9068