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

Uber Drivers With Head Injuries

Lawyers for Chicago Rideshare Workers Hurt on the Job

Head injuries may be sustained in the scalp, skull, or brain of an Uber driver who gets into an accident. These can be mild injuries like bumps or minor concussions, or they may be as serious as a traumatic brain injury. The consequences of a head injury may not always be clear in the moment. If you are an Uber driver with a head injury sustained on the job, you may find it challenging to obtain workers’ compensation benefits. However, you should not assume you’re not eligible for workers’ compensation benefits simply because Uber has designated you an independent contractor. It’s important to talk to an experienced Chicago workers’ compensation attorney if you have questions about your right to benefits.

Uber Drivers with Head Injuries

Car accidents can result in serious head injuries. Head injuries can be categorized according to several different criteria. They may be injuries caused by a blow or exertion of force on the head. However, they can also arise as a result of violent shaking. They can be categorized as closed head injuries if they don’t break your skull. Open head injuries are those in which the skull is penetrated and something enters the brain. Head injuries are hard to evaluate immediately, and often injuries that are very serious do not look serious initially. Sometimes blood clots in the brain in what’s called a hematoma; this can result in permanent brain damage. Head injuries may also be associated with spinal injuries. It is important to seek out a doctor’s care right away if you have sustained a head injury of any kind.

There are different types of head injuries. Some head injuries may involve hemorrhaging. This bleeding can occur inside the brain or in the space surrounding the brain. Edema or swelling of the brain is serious, since the skull is not at all elastic and pressure can build up as the brain presses against the skull. Concussions can be minor or serious; while most loss of function in a concussion is temporary, repeated concussions may result in permanent damage. Skull fractures involve breaks in the skull; often this results in damage to the brain. There are also diffuse axonal injuries in which cells are damaged, such that swelling results, and sometimes even brain damage or death can occur.

Workers’ Compensation Benefits

When head injuries are serious and you can no longer drive, the consequences for you and your family may be devastating. You may mistakenly assume you don’t qualify for workers’ compensation benefits because Uber has classified you as an independent contractor. However, this classification may be mistaken. Illinois follows what is known as the ABC test to determine whether an Uber driver should be treated like an independent contractor who is not entitled to workers’ compensation benefits, or an employee who is. To avoid paying workers’ compensation benefits, under the ABC test, the company must prove you’re not controlled by the company, the driving you provide isn’t Uber’s essential business, and that you work independently for companies other than Uber.

If you were in a car accident as an Uber driver, it’s important to look at all the circumstances surrounding the accident. Workers’ compensation benefits are provided without fault to employees, but they are not always substantial and don’t include pain and suffering. You may be able to hold a third party responsible for your head injuries. Third parties whose responsibility should be considered are other drivers, a property owner, or a manufacturer of a defective car part. Our lawyers can look at your situation and fight for you to recover workers’ compensation benefits, while also exercising other options such as a personal injury or product liability lawsuit, or filing an SSDI claim for benefits.

Consult a Skillful Workers’ Compensation Attorney in Chicago

If you are an Uber driver with a head injury in Chicago, it is advisable that you speak to a lawyer with experience handling these types of workers’ compensation claims. At  Katz, Friedman, Eisenstein, Johnson, Bareck and Bertuca , we represent drivers injured in Quincy, Rockford, Aurora, and Champaign, as well as Adams, Winnebago, Cook, Kane, and Sangamon Counties. Contact us at 800-444-1525 or at 312-263-6330 or by completing our online form.