COVID-19 Update: How We Are Serving and Protecting Our Clients

Uber Drivers With Broken Bones

Chicago Attorneys Helping Injured Rideshare Workers

Companies in the gig economy have increasingly used independent contractors instead of traditional employees to cut costs. Some employers improperly designate their employees as independent contractors to avoid paying workers’ compensation benefits. If you suffered broken bones in an accident while driving for Uber, you may believe that you must bear the costs of the injury and any time off from work on your own. While the rideshare company likely required you to sign an agreement specifying that you are an independent contractor and not an employee, the company doesn’t have the last word on your employment status. To understand your legal rights as a rideshare driver, contact the Chicago workers’ compensation lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca for a consultation and learn how Uber drivers with broken bones or other serious injuries can file a workers’ compensation claim for on-the-job accidents.

Broken Bones

Bones seem rigid but they do have some give if outside force is applied. If the force is strong, however, the bone may break or fracture. The severity of broken bones hinges on the degree of force applied. When pressure on the bone is significant, but only a little more than the point at which the bone gives, the bone may crack or fracture. Some car accidents result in the drivers or passengers sustaining broken or shattered bones due to extreme force.

There are different types of fractures. A greenstick fracture is an incomplete fracture. With open fractures, bone fragments protrude through the skin. With a spiral fracture, the break spirals around the bone. With a compression fracture, the bone is crushed.

Uber Drivers with Broken Bones and the ABC Test

Uber drivers with broken bones may not be able to drive for some period of time. For some people, broken bones cause permanent disability. If you were injured on the job, you should consider bringing a workers’ compensation claim. Illinois courts use the ABC test to determine whether someone is an employee or independent contractor. That test presumes a worker to be an employee unless the elements of the ABC test are met. The rideshare company needs to show that: (1) what you do for Uber is outside its normal course of business or place of business, (2) you’re involved in an independently established occupation, business, trade or profession, and (3) Uber doesn’t have control over your performance.

The workers’ compensation system is a no-fault system. This means you don’t have to show your broken bones were the fault of your employer and your employer can’t get your compensation reduced by showing the broken bones were partially or fully your fault. Rather, you need to be able to show that the injury was caused by a work-related accident. For example, if you were driving a passenger on Uber’s behalf and got into a car crash caused by someone else, you may be able to obtain workers’ compensation benefits for your injuries. You might also have a third-party claim for damages against an at-fault driver. A workers’ compensation attorney can review the circumstances of your injuries and identify the parties liable for damages.

Benefits

The amount and nature of benefits to which you’ll be entitled depend on your injuries. They can include medical expenses, rehabilitative expenses, vocational rehabilitation, temporary total disability benefits, temporary partial disability benefits, permanent partial disability benefits, and permanent total disability benefits. Temporary total disability benefits are calculated as 2/3 of your average gross weekly wage if you aren’t able to work while you’re recovering from the broken bones. Temporary partial permanent disability benefits are paid at 2/3 of the difference between the average amount you’d be able to earn in your pre-injury job and the net amount you earn in a light duty job while you’re recovering.

Consult with an Experienced Workers’ Compensation Lawyer in Chicago

If you were injured in a car accident while driving for Uber, you should talk with the seasoned attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca to discuss your circumstances. We represent Uber drivers who’ve been injured in Chicago, Quincy, Rockford, Aurora, and Champaign, as well as Adams, Winnebago, Sangamon, Cook, and Kane Counties. Contact us at 312-263-6330 or 800-444-1525 or complete our online form.