Lyft Drivers With Broken Bones
Chicago Lawyers Representing Injured Rideshare Workers
As a rideshare driver for Lyft, you may have some flexibility in your work, but feel you don’t have any protection in case you are injured in an accident while on the job. Lyft may have asked you to sign a contract specifying you are an independent contractor. However, there is a presumption that workers are employees, and in many cases, Lyft will not be able to show that a particular worker is not an employee. Accordingly, Lyft drivers with broken bones from car accidents may be eligible for workers’ compensation benefits. If you were injured while driving for Lyft, call the Chicago workers’ compensation attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca for a consultation.
A bone can bend only so much. If enough pressure is applied, a bone will fracture, break, or even shatter. There are many different classes of fractures and breaks including segmental, comminuted, compression, oblique, spiral, transverse and greenstick fractures. With a greenstick fracture, the broken bones doesn’t completely separate. With a comminuted fracture, the break is in three or more fragments. With a segmental fracture, the bone is fractured in two spots so that one segment is floating. Broken bones are a common injury in car accidents.
Lyft Drivers with Broken Bones and the ABC Test
If you sustain broken bones on the job with Lyft, the injuries may prevent you from working for the period of recovery. You may not have enough money saved up to take time off work for recovery. In some cases, broken bones lead to permanent disability. Although you may have signed an agreement with Lyft specifying that you are an independent contractor, the law in Chicago presumes you are an employee unless Lyft can establish, through the ABC test, that you are not. Under the ABC test, Lyft would need to establish in a pertinent proceeding that: (1) the driving you perform for Lyft is outside its normal course of its business, (2) Lyft doesn’t control how you perform driving services, and (3) you’re engaged in an independently established profession, trade, business, or occupation. A lawyer can review the circumstances of the accident to determine whether your injuries are covered by Illinois workers’ compensation benefits.
You don’t need to establish your employer’s fault or anybody else’s fault in order to obtain workers’ compensation benefits. However, you will need to show your injuries were work-related. Accordingly, it’s important to seek medical care right away for your broken bones and to let the doctor know that they were sustained while you were on the job with Lyft. If you sustained broken bones in a vehicle accident while driving for Lyft, you may be able to bring not only a workers’ compensation claim, but also a third-party lawsuit against a driver or other party at fault for the vehicle accident.
Workers’ Compensation Benefits
Your injuries will determine how much and the nature of the benefits to which you’re entitled. Workers’ compensation benefits may include economic losses, but won’t include noneconomic losses. Medical and rehabilitation expenses should be covered by the workers’ compensation insurer. Additionally, you may be able to receive vocational rehabilitation. You can obtain a percentage of lost income through disability benefits. These benefits can be temporary or permanent, and partial or total. In most cases, broken bones result in temporary total disability for a period of time. These benefits are paid at 2/3 of your average gross weekly wage during the period you’re unable to work. The first three days of temporary total disability are not paid unless it turns out that you are disabled for 14 days or more. You start getting paid on the fourth day, and if you’re disabled for at least 14 days you can obtain the first three days of benefits retroactively.
Meet with a Seasoned Workers’ Compensation Attorney in Chicago
Lyft drivers with broken bones after a car accident may be entitled to workers’ compensation. Schedule a consultation with the experienced lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca to discuss the circumstances of the accident. We represent Lyft drivers in Chicago, Quincy, Rockford, Aurora, and Champaign, along with Adams, Winnebago, Sangamon, Cook, and Kane Counties. Contact us at 312-724-5846 or complete our online form.