Bengaluru runs on delivery riders, cab drivers and other app-based workers. When one of them is injured on the job, an important question arises: who is responsible? This guide explains the routes to compensation, and why the answer often depends on facts that work comp lawyers look at closely.
Employee or "partner"?
Many platforms describe riders and drivers as independent partners rather than employees. Traditional employee compensation law applies to employees, so this classification matters. But the label in an app agreement is not always the end of the matter. Who controls the work, how payment is made, and whether the worker was engaged through a contractor or a logistics company can all be relevant. Some delivery staff are in fact employed by third-party logistics firms, and those employers may carry employee compensation liability.
Road accidents: the MACT route
Most serious injuries to delivery riders happen on the road. If another vehicle caused the accident, the rider can claim compensation before the Motor Accident Claims Tribunal against that vehicle's driver, owner and insurer — whether or not the rider is classified as an employee. For many gig workers, this is the strongest route.
Platform insurance and welfare schemes
Many platforms provide group accident or health insurance for active riders. Check the app, emails and any policy documents for coverage and claim procedures, and keep records of the trip you were on at the time of the accident.
India's Code on Social Security, 2020 recognises gig and platform workers and provides for welfare schemes for them, and Karnataka has introduced its own law for the social security and welfare of platform-based gig workers. Registration under these schemes can matter when benefits are claimed, so register where you can.
Protecting your claim
- Report the accident to the police and make sure an FIR is registered for road accidents.
- Take screenshots of the order or trip you were on, and your earnings history.
- Inform the platform or your employer in writing through the app or email.
- Keep every medical record and bill.
- Do not accept a settlement or sign a release without understanding what you are giving up.
Choosing the right route
A gig worker may have more than one option — a MACT claim, an employee compensation claim against an employer, a platform insurance claim, or benefits under a welfare scheme. The law generally prevents double recovery for the same accident, so the choice of route matters. Speaking to work comp lawyers who also handle motor accident claims helps you choose well.
This article is for general information only and is not legal advice. The law changes, and its application depends on the facts of each case.