Subrogation of Lyft Drivers' Workers' Compensation Claims
As a Lyft driver who is seriously injured in a car accident on the job you may find yourself unable to work or pay medical bills. You may assume you are not able to obtain workers’ compensation benefits because you signed an agreement stating that you are an independent contractor. However, there is a presumption that a worker in Illinois is an employee unless the employer can establish certain conditions exist at a relevant proceeding, such as a hearing As a Lyft driver injured in a car accident or other job-related accident, you may be entitled to workers’ compensation benefits. However, if another driver or person was at fault, you may also be entitled to recover damages in a civil action. You can’t make a double recovery. Lyft’s insurer will have a subrogation interest in your lawsuit. If you are concerned about subrogation of Lyft drivers’ workers’ compensation claims, you should call the experienced Chicago workers’ compensation lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck and Bertuca.Subrogation of Lyft Drivers’ Workers’ Compensation Claims in Chicago
After an accident, even if you bring a worker’s compensation claim, you will be entitled to pursue damages in a third-party lawsuit. However, Lyft’s workers’ compensation insurer will be entitled to lawfully pursue the third party who caused the loss. In other words, Lyft’s insurer will have a subrogation interest when there is an at-fault third party in an accident for which you can obtain workers’ compensation benefits.
Subrogation refers to an insurer’s right to lawfully pursue a third party that caused an insurance loss to the insured. A subrogation interest is set forth in the specific language of the insurance contract; generally, before and after it pays, claims, Lyft’s insurer will be entitled to seek recovery from an at-fault third party when it pays a loss.Insurer’s Lien
Under 820 ILCS 305/5, Lyft’s insurer will have a lien on your recovery if you sue an at-fault party for damages after suffering injuries in a work-related accident. Whether the at-fault party is a negligent driver or the owner of a road, Lyft’s insurer may be able to recover from the funds you receive in settlement or in a judgment in a personal injury lawsuit. In fact, your settlement in a personal injury lawsuit may be invalidated if you don’t receive consent from Lyft’s insurer.
You have two years to sue another driver or property owner for damages arising out of a motor vehicle accident. However, if you don’t sue, Lyft’s insurer will have the chance to sue. It needs to take this opportunity within 90 days of the statute of limitations expiring. You should be aware that if you are a Lyft driver who was injured on a state highway or interstate freeway in Illinois, the period of time during which you must notify the governmental entity is narrow. You should consult our attorneys as soon as possible after your accident.Subrogation Rights
Lyft’s insurer will determine whether it has any subrogation rights once you file a workers’ compensation claim in or around Chicago. Whether it accepts or denies your claim, it will also investigate the larger context of the accident to figure out whether other people or entities are to blame. Files will be maintained that include evidence and professional analysis about whether a personal injury lawsuit against the other party is likely to be successful. It’s important to have an equally seasoned lawyer on your side who can also evaluate these issues.
In order to recover damages after a motor vehicle accident caused by another driver, we will likely need to establish the other driver’s negligence by proving: (1) the other driver owed you a duty to use reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) actual damages. Drivers can breach the duty to use reasonable care by speeding, weaving, driving under the influence, failing to obey signs or signals, or tailgating. However, the other driver involved in the accident and its insurer will examine whether your comparative negligence while driving contributed to your own injuries. Your damages can be reduced by an amount equal to your percentage of fault.
Lyft’s insurer will not be able to obtain certain losses such as loss of consortium. However, if Lyft has made workers’ compensation payments, a reimbursement requirement may exist regardless of the amount you received.Hire an Experienced Law Firm to Handle Subrogation Issues
Subrogation issues add a layer of complexity to Chicago Lyft drivers’ workers’ compensation claims. It is vital to retain a lawyer who understands the impact of a civil lawsuit on a workers’ compensation claim. Our firm has more than 60 years of experience. We handle workers’ compensation, personal injury and SSDI claims. We represent injured Lyft drivers in Champaign, Rockford, Quincy, and Aurora, as well as Sangamon, Winnebago, Kane, Cook, and Adams Counties. Call us at 800-444-1525 or 312-263-6330 or complete our online form.