Lump Sum Settlements for Uber Drivers

Chicago Lawyers Helping Rideshare Workers Injured on the Job

If you’re injured on the job in Illinois, you should contact a Chicago workers’ compensation attorney to determine if you are entitled to workers’ compensation benefits. The workers’ compensation system was designed to make it easier for employees to obtain the compensation they need after sustaining injuries at work. It’s a no-fault system, which means that fault for the injuries need not be proven. If you were injured while working as an Uber driver, you might assume you don’t qualify for workers’ compensation because your contract with Uber specified that you were working as an independent contractor. However, Uber’s position on whether you are an employee is not determinative of whether you’re entitled to benefits. An insurer may offer workers’ compensation benefits on an ongoing basis or as one upfront payment.  Lump sum settlements for Uber drivers require careful analysis.  To understand the advantages and disadvantages of these offers, Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca provides a free consultation to answer your questions.

Are Rideshare Drivers Employees?

Under the Illinois Workers’ Compensation Act, employees injured on the job can receive benefits from the employer’s insurer. In Illinois, employers should obtain workers’ compensation insurance. Under the ABC test, Illinois courts presume that workers are employees. In order to claim otherwise, Uber bears the burden in any pertinent proceeding of showing that: (1) you were free from its control in how you gave rides, (2) ridesharing is outside its ordinary scope of business and (3) you are involved with a different profession, business, trade or occupation that you independently established.

What Benefits May Be Addressed in Settlement?

Workers’ compensation benefits may include medical expenses, rehabilitation expenses, vocational rehabilitation, and disability benefits. Through the system, you should be able to get reimbursed for all reasonable medical expenses, including in some cases, surgery or medical equipment. For example, if you were in a car crash that resulted in complex fractures in your legs that left you unable to walk without assistance, you might be able to recover medical expenses for treatment along with a wheelchair and vocational rehabilitation through the workers’ compensation system. Disability benefits to which you might be entitled include temporary total disability, temporary partial disability, permanent partial disability and permanent total disability.

Lump Sum Settlements for Uber Drivers

Often, workers’ compensation payments are made periodically. However, an insurer may offer an injured worker a lump sum settlement in certain circumstances. This involves making a single payment rather than installment payments over time. You waive certain rights if you accept a lump sum settlement. The lump sum settlement contract will spell out the terms of the settlement. The insurer may be willing to offer a lump sum settlement because it’s less expensive to pay once early in a case, than it is to make periodic payments for years. Once a settlement is accepted, you may not be able to get any further medical expenses paid, nor any more disability payments. It’s vital to discuss your particular situation with an experienced lawyer to make sure that a lump sum settlement makes sense for you.

For example, a lump sum settlement may be worth considering if your doctor believes that your back injury has reached maximum medical improvement. This is the point beyond which your condition will not worsen or improve. You’ve gotten as far as you can with medical treatment. In that case, a lump sum settlement that covers any maintenance treatments or medications and disability may make sense. A lump sum settlement may also make sense if your workers’ compensation claim is legitimately disputed by an insurer and you face the risk of not receiving benefits at all.

Consult a Chicago Attorney to Evaluate Your Case

If you were injured on the job in Chicago and are concerned about the implications of lump sum settlements for Uber drivers, it is critical to talk to the experienced workers’ compensation lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. In the case of injuries caused by vehicle accidents, seeking damages from the driver responsible for the accident may be possible in a third-party lawsuit. We represent rideshare drivers in Quincy, Rockford, Aurora, and Champaign, along with Cook, Adams, Winnebago, Kane, and Sangamon Counties. Call us at 312-724-5846 or complete our online form.