ABC test
Get this wrong after a crash, and you can end up filing against the wrong insurance policy, missing workers' compensation, or believing a gig company has no responsibility when it might. Think of it like a three-lock door: if a company cannot open all three locks, the worker may not truly be an independent contractor.
The ABC test is the rule Maine uses in some job-classification situations to decide whether a worker is really independent or should be treated as an employee. The company usually has to prove all three parts: A) the worker is free from the company's control, B) the work is outside the company's usual business, and C) the worker is customarily engaged in an independent trade or business. If one part fails, the worker may be misclassified.
That matters fast in Uber, Lyft, DoorDash, and delivery crash cases. A "contractor" label in an app agreement does not automatically settle who pays. If a driver is hurt on icy I-95, in a whiteout on Route 9, or after a moose collision on Route 201, classification can affect access to wage benefits, medical coverage, and whether the company may face more direct legal exposure beyond a basic liability claim.
In Maine, this test shows up in employment-related disputes, including unemployment matters, and misclassification issues can involve the Maine Department of Labor. After a serious injury, do not rely on the app's wording alone - save the contract, screenshots, trip records, and all insurance notices.
Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.
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