Lost Wages for Injured Uber Drivers
Workers’ Compensation Lawyers for Claims in Chicago
Often, drivers for Uber find the flexibility of their job to be advantageous. However, the trade-off is that Uber usually takes the position that their drivers are independent contractors. Employees enjoy much greater protection under the law than independent contractors do. If you have lost wages as an Uber driver injured on the job, you are likely worried about your options and about your ability to thrive. You may feel you have no options because you signed a contract with Uber agreeing that you were an independent contractor. However, many employees are misclassified as independent contractors, and you may be able to obtain workers’ compensation benefits for an on-the-job injury if you can show that you were misclassified. The seasoned Chicago workers’ compensation attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca can potentially seek lost wages on behalf of injured Uber drivers.
The ABC Test
As a rideshare driver, you may face significant risk of injury. If you are injured on the job as an employee, you would be entitled to workers’ compensation benefits for those injuries. If you are injured on the job as an independent contractor, you are not. Accordingly, how you are classified is very important. In Illinois, the ABC test is used in Illinois to determine your classification.
Under the ABC test there are a number of criteria that should be considered by a judge deciding whether you are an employee of Uber or an independent contractor. Among the criteria is whether you work within Uber’s core business; as a driver, you are arguably performing tasks central to Uber’s business. If you aren’t driving for other companies, and Uber controls the details of your work, it is possible you’ll be found to be an Uber employee. A knowledgeable work injury lawyer can help you assess the facts of your case to determine whether you can make this argument.
Lost Wages for Injured Uber Drivers
One of the biggest concerns when a rideshare driver is out of work because of an injury is lost wages. Workers’ compensation benefits can provide replacement wages in the form of disability payments. If you break a leg in an accident, for example, you may be entitled to temporary total disability benefits. These are calculated as 2/3 of an employee’s average weekly wage. This can involve looking at gross pay over the 52-week period prior to the accident. You don’t get temporary total disability benefits for the first three days of missed work unless you can’t work for a full 14 days, in which case you receive retroactive payment for those days.
Some injured workers’ medical conditions do not improve. A doctor can evaluate whether you’ve gotten to maximum medical improvement. If you get to a stable condition, but you are still disabled from working due to losing use of both eyes, both hands, both feet or two other body parts, you may be able to obtain permanent total or partial disability benefits. This benefit is 2/3 of your average weekly wage, and is subject to cost of living adjustments over time.
Sometimes, a worker remains permanently restricted after maximum medical improvement is achieved, but can work some jobs, albeit ones that pay less than their old job. Wage differential benefits are calculated by looking at 2/3 of the difference between what you made previously compared to what you make in a new job. This benefit can be received until you reach age 67 or for five years, whichever is later.
Consult a Skilled Workers’ Compensation Attorney in Chicago
If you’re concerned about lost wages for injured Uber drivers in Chicago, you can call the experienced workers’ compensation lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We represent injured workers in Quincy, Rockford, Champaign, and Aurora along with Kane, Sangamon, Cook, Winnebago, and Adams Counties. Often Uber drivers are injured because of an accident. We can look at the circumstances to figure out whether there are other avenues for relief, such as a personal injury lawsuit against a negligent driver or a basis to pursue an SSDI disability claim. Contact us at 312-724-5846 or via our online form.