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Archive for the ‘DuPage County workers’ compensation attorney’ tag

Can Uber Drivers Get Workers’ Compensation?

November 14th, 2017 at 6:44 pm

DuPage County workers' compensation attorney, Uber drivers, workers compensation, workers’ compensation coverage, workers’ compensation benefitsUber and Lyft are two large, and quickly growing, transportation companies that operate primarily with part time or contract workers. What has made these two companies grow so quickly and take over the jobs of thousands of taxi drivers and other conventional transportation companies? Convenience plays a large role, but so too does cost. And one of the main ways Uber and Lyft keep their costs down is because they are not required to provide workers’ compensation coverage, or any benefits at all, to their employees, who are actually classified as part time contract workers.

But as ride sharing—or ride sourcing—grows, will the laws transform to meet the demand of hundreds of thousands of Uber drivers in this new “gig” economy? If you were injured while driving on the job for Uber or Lyft, you may have options by contacting a workers’ compensation attorney for help.

Class Action Lawsuits Bring Results for Uber Drivers, Narrow Wide Gap Between Part Time Contractor and Employee with Benefits

Uber has come under fire from thousands of its part time contractors, who wish to be considered employees and benefit from the insurance that comes with that title. Uber employs 600,000 people across the country, according to The New York Times.

Recently, a federal judge in North Carolina gave the “okay” for initial steps for giving Uber drivers the status of employees. There are 18,000 Uber employees who opted out of arbitration, meaning that they have the right to sue Uber, who will be crucial to the class action lawsuit, which is being brought under the Fair Labor Standards Act.

According to one of the lawyers working on the case, “The ruling today is going to allow drivers across the country to band together to challenge Uber’s misclassification of them. They are employees and should be getting minimum wage and overtime as required by federal law.”

Not only would Uber drivers be given minimum wage and other benefits, including overtime, if they were considered employees, but they would be entitled to workers’ compensation as well.

There Are Options to Take Today

Uber and Lyft drivers face many dangers while out driving, according to Wired, including verbal abuse, physical violence, and, of course, the ever present threat of being involved in a car collision or being hit by a drunk driver during the midnight hours.

While Uber and Lyft do not have to offer workers’ compensation benefits to their injured drivers, you may still be able to seek a settlement or even file a lawsuit against one of the companies if you are seriously injured on the road. The first step is to reach out to a passionate DuPage County workers’ compensation attorney at our office for help.

Sources:

https://www.nytimes.com/2017/07/12/business/uber-drivers-class-action.html

https://www.wired.com/2016/03/uber-lyft-can-much-keep-drivers-safe/

Occupational Truck Accident Injuries

October 25th, 2017 at 7:04 pm

DuPage County workers' compensation attorney, occupational truck accident, occupational truck accident injuries, occupational injury, dangerous occupationsThis summer, a Chicago man, who was set to retire in just two months, was crushed to death by a concrete truck while working on it, according to WGN 9 News. The mechanic was told that the booster of the cement truck was locked.

The booster is the wheeled-section at the back of a cement truck, which is normally seen in the upright mode during transportation. The booster fell when he was working on the truck, killing him. According to the man’s son, time and time again he allegedly said that “someday this job will kill me.”

Communication Errors

While the occupation of truck driver is, of course, dangerous, so too are the jobs of the people who provide maintenance and loading of trucks, and everyone who works around trucks. One of the most common causes of injury or fatality is during backing up. This is typically caused by miscommunication. While one employee may be buckling down a strap, moving an object onto or off of the truck, using a forklift, or attending to some sort of maintenance, the driver of the truck begins to back up, or move forwards, causing the other worker to be crushed or pinned in between the truck and another object.

Just recently, a worker was taken to the hospital in extremely critical condition in Effingham, Illinois, when he was pinned between a semi-trailer and another object at Pinnacle Foods, according to Effingham Daily News. Pinnacle Foods is a warehouse operation that distributes food products including Duncan Hines, Log Cabin, and Mrs. Butterworth. This is the second incident of this particular employer in the same year. In February, an employee was pinned between a forklift and racking equipment.

Caught-In Hazards

According to the Occupational Safety and Health Administration (OSHA), caught-in hazards are one of the leading causes of construction fatalities. Caught-in hazards include getting pinned between falling objects such as machinery, equipment, merchandise or products, collapsing walls or beams, and, of course, trucks and other vehicles. Nearly 300 workers die each year from caught-in accidents.

Contact an Attorney Today for Help with Your Workers’ Compensation Case

Whether your employer was at fault or not, if you were struck by a truck, pinned, or were the victim of another type of caught-in accident, you deserve to be swiftly awarded workers’ compensation.

Contact a dedicated DuPage County workers’ compensation attorney at our office today. We will advocate aggressively on your behalf to help you recover the compensation to which you are rightfully entitled.

Sources:

https://www.osha.gov/dte/grant_materials/fy08/sh-17792-08/caught_in_english_r6.pdf

http://www.effinghamdailynews.com/news/local_news/worker-critically-injured-after-being-pinned-by-semitrailer/article_46d34910-4ae0-11e7-b92b-e763b1a267ed.html

http://wgntv.com/2017/05/25/man-crushed-to-death-by-truck-at-work/

What Do You Have to Prove to Get Workers’ Compensation Benefits?

March 11th, 2016 at 8:58 pm

workers' compensation benefits, DuPage County workers' comp attorneyWorkers’ compensation benefits are designed to help workers who have been hurt on the job get their medical bills paid and to receive payment for lost wages. The workers’ compensation system is not based on fault. You can often receive workers’ compensation benefits even if your own negligence led to your injuries. You are not, however, able to sue your employer for work injuries in most cases.

Before you can receive workers’ compensation benefits, you will need to prove you are covered by the Illinois Workers’ Compensation Act, that your were injured in the course of your job, and the extent of your injuries.

Are You Covered?

The law, in most cases, will assume that you are covered by the workers’ compensation system. Workers’ compensation only applies to employees. If your employer believes you are an independent contractor and not an employee, your employer will need to prove his or her assertion. During the process, you may need to show why you believe you are an employee.

Injured in the Course of Your Job

Workers’ compensation only covers injuries to workers who were hurt in the course of their jobs. There are two parts to showing the injury occurred in the course of the job:

  1. There is a direct causal link between your injury and a job-related risk; and
  2. You were at work where you were required to be and generally doing what you are supposed to be doing.

If you are a delivery driver and you are hurt delivering something to a customer, your injury occurred in the course of your job. However, if you are a delivery worker and you are hurt while helping a friend move a couch while on a lunch break, you may have a much harder time showing that your injury was in the course of your job.

Extent of Your Injuries

You will also need to present evidence about the extent of your medical bills, and what impact your injury has on your ability to perform your job. Your injury may only make you temporarily unable to perform your core job functions. In this case, you would receive benefits until you recovered enough to return to work. If your injury is more serious and causes you some degree of permanent disability, leaving you unable to do the basics of your job, you may be eligible for longer-term benefits.

If you have been hurt at work, you need to understand your rights. You should speak with a skilled DuPage County workers’ compensation lawyer right away. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation. You may only have a short time to take action.

 

Sources:

http://www.iwcc.il.gov/handbook020106.pdf

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