Partial Disability Benefits for Lyft Drivers
If you need partial disability benefits as a Lyft driver, you can consult an experienced Chicago workers’ compensation lawyer. Depending on the circumstances, you may be make the argument that as a Lyft driver, you are an employee entitled to workers’ compensation benefits for a partial disability arising from your work injury. There may be other avenues for relief, too, such as SSDI benefits or a personal injury lawsuit.Employee or Independent Contractor for Partial Disability Benefit Calculation
Sometimes a partial disability renders a driver unable to drive or limits his or her ability to drive. An employment agreement with Lyft will likely specify you are an independent contractor. However, many workers are misclassified as independent contractors specifically to help employers avoid paying for workers’ compensation and other benefits. You shouldn’t assume that you have been properly classified by Lyft, and you should discuss your situation with a seasoned workers’ compensation attorney who can figure out whether there is an argument to be made that you are an employee. Although courts are split about whether a Lyft driver should be able to get workers’ compensation benefits, an ABC test has been adopted to evaluate the claims of people classified as independent contractors in Illinois. Several factors are considered in determining whether you’re eligible for workers’ compensation benefits such as partial disability payments.Temporary Partial Disability Benefits for Lyft Drivers
Temporary partial disability benefits are available to employees in Illinois who, due to a work-related disability, are working work light duty and earn less than they would earn if they were working the same job on a full time basis. These benefits are available if you are still actively treating your injury and haven’t gotten to maximum medical improvement. Injured workers sometimes earn less because they’re limited to part-time hours by their doctor. The amount of benefits is 2/3 of the difference between the average amount the injured worker was earning before the injury and current earnings.Permanent Partial Disability Benefits for Lyft Drivers
Sometimes a work-related accident causes permanent partial disability. You need to have reached maximum medical improvement to get permanent benefits for a partial disability. There are four types of benefits for permanent partial disability. These include wage differential, disfigurement, scheduled injury, and percentage of loss of a person as a whole.
The wage differential is 2/3 of the difference between what was earned in the old job and the amount earned in a new job. The most this wage differential can be is the state average weekly wage, which has a cap.
The scheduled injury benefit is based on 60% of the average weekly wage times the number of weeks paid for a particular body part according to a schedule. For example, if your arm is amputated above the elbow, you get 60 % of the average weekly wage times 270 weeks for the scheduled injury benefit.
There is also a nonscheduled injury benefit for those conditions left off the schedule. When an injury is not listed but has caused permanent restriction in the use of the body, the physical impairment is evaluated, and the Illinois Workers’ Compensation Commission determines a percentage for the loss of the person as a whole. The percentage lost is multiplied by 500 weeks to determine the number of weeks of permanent partial disability to which you’re entitled, and then the number of weeks are multiplied by 60% of the average weekly wage.
There is also a disfigurement benefit. The worker and employer or attorneys determine the number of weeks that the disfigurement is valued at. Where there is no agreement, the Commission arbitrator can set a number of weeks up to 162 weeks.Chicago Lawyers for Workers’ Compensation Claims
If you’re a Lyft driver concerned about partial disability benefits in Chicago, you can discuss your situation with a workers’ compensation attorney who understands how best to fight for you and present you as an injured employee. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent workers in Rockford, Aurora, Champaign, and Quincy, as well as Sangamon, Winnebago, Cook, Adams, and Kane Counties. We examine our clients’ circumstances to determine whether other forms of relief such as SSDI benefits or a third party lawsuit are appropriate in addition to workers’ compensation. Contact us at 800-444-1525 or at 312-263-6330, or by completing our online form.