Amazon Flex Drivers With Shoulder Injuries

Chicago Lawyers Helping Gig Workers Seek Workers’ Compensation Benefits

As an Amazon Flex driver suffering from shoulder injuries, you may find yourself facing expensive medical bills, but unable to work. You may have signed a contract specifying that you are an independent contractor and therefore not entitled to workers’ compensation benefits. However, the Amazon Flex program does not have the last word on your employment status. Amazon Flex drivers with shoulder injuries may be entitled to workers’ compensation benefits if their injuries were sustained on the job. To protect your interests, you should discuss your situation with an experienced Chicago workers’ compensation attorney.

Amazon Flex Drivers with Shoulder Injuries

Shoulder injuries can leave a worker unable to work either temporarily or permanently. If you injured your shoulder on the job, you may be able to obtain workers’ compensation benefits. Illinois follows the ABC test which presumes that you are an employee unless Amazon Flex proves in a relevant proceeding: (1) the driving you do for Amazon Flex is outside its usual services, (2) you are free from its direction or control, and (3) you are engaged in an independent business, profession, occupation or trade. If Amazon Flex cannot establish that you are an independent contractor, you may be eligible for workers’ compensation benefits for your work-related shoulder injuries.

Benefits

Workers’ compensation benefits may include reasonable and necessary medical care, temporary and permanent disability benefits, and vocational rehabilitation. Reasonable and necessary medical care for your shoulder depends on the type of injury, the part of the shoulder that was injured, and the severity of the injury. Some shoulder injuries require surgery. For instance, the rotator cuff is composed of the tendons and muscles that create a cuff over the shoulder joint. When this part is overused, rotator cuff damage may result, which may require surgery to repair. The labrum is a rubbery tissue that cups the shoulder and allows the arm to move. If you tear your labrum at work, your physician may perform arthroscopic surgery to reattach the labrum to the shoulder socket.

If you are unable to drive or lift packages after sustaining a shoulder injury, you may qualify for temporary total disability benefits, which are meant to temporarily compensate you while you are disabled. These benefits are paid at a rate of 66 2/3% of your average weekly wage in the 52 weeks prior to the injury. Bonuses and overtime are usually not included. Workers whose shoulder injuries permanently and completely stop them from being able to do work may be eligible for permanent total disability benefits.

You may be able to obtain vocational rehabilitation benefits if you are no longer able to work as an Amazon Flex driver because of a serious shoulder injury but you could still be trained to perform other work.

Third Party Lawsuits

Amazon Flex drivers are at risk of serious injuries from car accidents. Because workers’ compensation does not cover the full scope of your potential loss, you should consider retaining a lawyer to seek compensatory damages from third parties who caused your injury in a car accident. You will likely need to show that someone else was negligent. This means you will need to show: (1) the defendant owed you a duty to use reasonable care, (2) the defendant breached the duty of care, (3) causation, and (4) actual damages. All drivers owe those with whom they share the road a duty to use reasonable care given the circumstances. Drivers can breach this duty of care in many ways. Breaches of care may involve speeding, weaving, tailgating, drunk driving, distracted driving, or aggressive driving.

Consult a Seasoned Attorney in Chicago

In Chicago, Amazon Flex drivers with shoulder injuries should discuss their potential claim with the experienced lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. Our firm represents injured Amazon Flex drivers in Champaign, Aurora, Rockford, and Quincy, along with Sangamon, Winnebago, Cook, Kane, and Adams Counties. Contact us at 312-724-5846 or complete our online form.