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Amputation Injuries for Uber Drivers

Chicago Lawyers Helping Gig Workers

Amputation can leave a worker unable to drive. This type of injury can be an extremely painful and anxiety-producing experience for a rideshare driver who makes a living from his ability to drive. As an Uber driver, you may fear you have no legal recourse in the event you suffered job-related injuries involving amputation. You may have agreed to be treated as an independent contractor. However, there is a presumption in Illinois you are an employee. If you are concerned about amputation injuries for Uber drivers, you should call the experienced Chicago workers’ compensation attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca.

Amputation Injuries for Uber Drivers in Chicago

When a body part is completely severed, it may be reattached when proper medical care is received. There are partial amputations in which soft-tissue connection is retained. It may not be possible to reattach an extremity. Sometimes there are complications related to the amputation as well, such as infection, shock or bleeding. Any of these may result in further disability or even death.

Uber accidents are common, unfortunately. Even when both drivers are being as safe as they can be, there is the risk of catastrophic injuries. In some cases, amputations occur immediately based on factors in the car accident. However, when an Uber driver sustains a significant injury in an accident, a limb may need to be amputated after the accident in surgery. As an Uber driver, you may not be able to drive again or earn a living once you lose a limb or other body part without vocational rehabilitation.

ABC Test

In order to counter the legal presumption that you are an employee, Uber will need to prove you are not an employee under the ABC test at the workers’ compensation proceeding relevant to your amputation injuries. To establish the ABC test, Uber will need to show: (1) you were and will continue to be free from direction or control over the performance of driving Uber passengers, (2) driving for Uber is outside the company’s usual course of business, and (3) you were engaged in an independently established business, profession, or occupation. If your lawyers can successfully defeat Uber’s attempt to satisfy this test, you should be able to obtain benefits.

Benefits for Amputation Injuries for Uber Injuries

Workers’ compensation benefits for amputation injuries may include medical benefits, temporary total disability benefits, permanent total disability benefits, and vocational rehabilitation. You are entitled to all reasonable and necessary medical care arising out of a work-related amputation including medication, surgery, first aid, and prosthetic devices. For instance, if you were driving a passenger and got into a crash that resulted in your arm being partially severed and you require a surgical amputation as a result, Uber or its insurer should pay for the amputation and any associated medical care, as well as the prosthetic arm you need.

Third-Party Lawsuits in Chicago

Workers’ compensation benefits do not cover the entirety of a worker’s losses. If your amputation is the result of a car accident, you may be able to obtain damages by filing a personal injury lawsuit against an at-fault driver or other entity. In most cases, you’ll need to establish another driver’s negligence, which means you’ll need to show it’s more likely than not: (1) the other driver owed you a duty to use reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) actual damages.

Speak With An Attorney Who Understands Uber Drivers’ Claims

Amputation injuries for Uber drivers can be dramatic and life-changing. Uber and its insurer may resist paying you benefits to which you’re entitled. They typically have much greater resources than their drivers and they may make arguments you’re not sure how to counter to avoid paying benefits. The experienced Chicago lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca are knowledgeable about obtaining benefits as a rideshare driver. We also represent Uber drivers in Champaign, Quincy, Aurora, and Rockford, as well as Kane, Winnebago, Sangamon, Cook, and Adams Counties. Call us at 312-263-6330 or 800-444-1525 or complete our online form.