Shoulder Injuries for Uber Drivers
Your shoulder is composed of joints, tendons and muscles. Each of these may be vulnerable to injury when you drive for a living. You might assume that you can’t obtain workers’ compensation benefits as a rideshare driver who has signed a contract specifying you’re an independent contractor. However, if you’re a rideshare worker who hurt your shoulder while driving for Uber, you should discuss your situation with our Chicago workers’ compensation attorneys. Shoulder injuries for Uber drivers may require treatment, which is expensive, as well as time off work. It’s important to make a timely claim in the event you sustained your shoulder injury on the job. There is a legal presumption that you are an employee.Shoulder Injuries for Uber Drivers
If your shoulder is injured while you’re driving for Uber, you may find yourself unable to work. You may need medical care. Shoulder injuries are common. They include labral tears, rotator cuff tears, bursitis, frozen shoulder, impingement, tendonitis and dislocation. These injuries may be sustained in an accident, but they can also develop due to heavy lifting or repeated stress.
In some cases, rest and medication are sufficient to address shoulder injuries. However, in other circumstances, significant time off work may be necessary. There are situations in which the shoulder never heals, making it impossible to work as a rideshare driver. Additionally, physical therapy or surgery may be needed.Are You an Independent Contractor?
In Illinois, it’s presumed you’re an employee who can obtain workers’ compensation benefits for job-related injuries. The burden is on Uber to establish you aren’t an employee at the pertinent workers’ compensation proceeding: (1) it doesn’t control your driving, (2) you do another job that’s separate from driving for Uber, and (3) Uber’s customary business is not driving. If Uber and its insurer cannot make this showing, you can obtain workers’ compensation benefits. It is unlikely you have the same resources to present your claim for benefits as Uber and its insurer have to fight your claim. Accordingly, it’s important to consult an experienced lawyer who understands the nuances of workers’ compensation claims and can seek the benefits needed for shoulder injuries for Uber drivers.
You should be aware that Uber or its insurer might pay your shoulder injury claim initially but conduct surveillance and investigation to figure out how to avoid paying more significant benefits such as surgery or permanent total disability payments. Uber or its insurer may abruptly stop paying you benefits or refuse to pay you certain benefits to which you’re entitled. For instance, it may be willing to pay temporary partial disability benefits and the cost of pain medication but be unwilling to pay for shoulder surgery. For another example, Uber’s insurer may improperly calculate your average weekly wage, which is the basis for payment of disability benefits.Benefits
You may be able to get losses arising out of your shoulder injuries partially compensated by bringing a workers’ compensation claim. Workers’ compensation benefits include temporary total disability benefits, permanent total disability benefits, reasonable and necessary medical treatment, medical mileage and vocational rehabilitation.Third-Party Lawsuit
Workers’ compensation is a no-fault system. You don’t need to show Uber was at fault for your shoulder injuries in order to obtain workers’ compensation benefits. However, you also can’t obtain pain and suffering, or even the full amount of your wage loss through the workers’ compensation system. However, you may sue for damages if you sustained your shoulder injury through the fault of another. For example, you may be able to sue for damages if your shoulder injuries are the result of a car accident caused by a speeding pizza delivery driver. In most cases, personal injury lawsuits arising out of a car accident are pursued under a theory of negligence. This means you’ll need to prove: (1) you were owed a duty of care by the defendant, (2) breach of the duty of care, (3) the breach caused your shoulder injuries and (4) damages arising out of the shoulder injuries.Retain a Chicago Attorney Who Represents Uber Drivers
If you sustain shoulder injuries while working as an Uber driver, you should talk to the experienced lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We also represent injured Uber drivers in Chicago, Champaign, Quincy, Rockford, and Aurora, and as well as Kane, Cook, Winnebago, Adams, and Sangamon Counties. Call us at 800-444-1525 or 312-263-6330 or complete our online form.