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Overpayments to Injured Uber Drivers

Workers’ Compensation Lawyers for Chicago Rideshare Workers

An overpayment occurs when the workers’ compensation insurer of your employer pays for benefits to which you were not entitled. An insurer may recoup the overpayment or credit against future payments that are due. If you are concerned about overpayments to injured Uber drivers in Chicago, you should discuss your situation with the Chicago workers’ compensation attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca.

The ABC Test

Uber drivers may face particular difficulties obtaining workers’ compensation benefits when they are injured on the job. Uber may have misclassified them as independent contractors rather than employees. Illinois courts follow the ABC test which assumes that a worker is an employee and not an independent contractor, unless the employer can demonstrate that the worker is free from direction or control over performing services, the service is outside the usual course of business, and the worker is engaged in an independently established business or occupation. Fighting for benefits can feel like an uphill battle. When insurers seek repayment of benefits, Uber drivers may face additional struggles.

Overpayments to Injured Uber Drivers

Uber’s insurer will likely investigate your claim. Because this can take a long time, the insurer may pay certain benefits pending the resolution of its investigation. For instance, if you file a workers’ compensation claim after a serious car accident, the insurer may pay your medical bills. However, if the insurer later uncovers that the injuries were not work-related, it may decide that it has no responsibility for providing medical care and will seek repayment for the benefits already provided.

Sometimes, in the course of their investigation, insurers conduct online or in-person surveillance. An investigation may show that the injury was sustained in the course of recreational activities, the claimant was malingering, or the injuries are not as bad as claimed.

An insurer may also make disability payments before it has finished its investigation. Disability payments can involve a complicated calculation of a claimant’s average weekly wage. The insurer may miscalculate the payment based on an average weekly wage. An insurer might pay you disability benefits to be on the safe side, but an arbitrator may later determine you were able to work.

Insurer’s Allegation of Overpayments

An employer or its insurer may allege overpayment whenever the benefits paid exceed the benefits owed. The insurer can receive credits for the overpayment. In most cases, this means that Uber’s insurer may cease payments or stop making full payments of benefits until it has recouped the amount it overpaid.

You may not agree with Uber’s insurer that an overpayment occurred. In that case, you should request an audit by the Illinois Workers’ Compensation Commission to compare the insurer’s payments with any award. If the comparison shows an overpayment, the insurer’s future payments will be reduced or it will no longer need to pay until the excess amount has been recovered.

You might be asked to personally reimburse the insurer for the overpayment. Consult with a lawyer to see if the overpayment can be deducted from future payments so that you will not have to write a personal check for the full amount due.

Third Party Lawsuit

You may feel anxious when an insurer asserts that benefits have been overpaid. Additionally, since workers’ compensation benefits do not cover all losses, you may be stretched thin despite the overpayment. If you are an Uber driver who sustained back injuries in a car accident caused by someone else, you may be able to file a personal injury lawsuit for damages. Our firm can help you with the overpayment claim and also determine whether other relief is available to you.

Retain a Seasoned Chicago Attorney

Overpayments to injured Uber drivers may trigger a demand for immediate repayment of excess sums. If you are an injured Uber driver who has received overpayments, you should discuss your options with the experienced workers’ compensation lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. Our firm represents injured Uber drivers in Quincy, Chicago, Aurora, Rockford, and Champaign, as well as Kane, Winnebago, Adams, Cook, and Sangamon Counties. Call us at 800-444-1525 or 312-263-6330 or complete our online form.