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Archive for the ‘workers’ compensation benefits’ 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/

Employer Notification of a Work-Related Injury in Illinois

July 26th, 2017 at 8:36 pm

Illinois workers comp attorney, Illinois work injury lawyer, If you have been injured in a work-related accident in the state of Illinois, then there are important steps you need to take to ensure you receive the workers’ compensation benefits you are entitled to.

Under Illinois law, an injured employee can give notice of the injury either orally or in writing. Some companies may have a company policy that all injuries and accidents need to be submitted in writing. If this is your company’s policy, then it is recommended you do so, however, not following your employer’s requirement will not affect your workers’ compensation claim.

According to state law, an injured worker has 45 days from the day of injury to notify his or her employer of the incident. Although the law allows you that much time, the reality is that it should be one of the very first things you should. If there is a delay between the time you were injured and the time you notify your employer, they could use that against you in an attempt to deny your claim.

An employee may have a legitimate reason why they did not report the injury immediately. One example could be a case where the employee thought the injury was only a minor one, but after several days or weeks, symptoms begin to worsen and the employee finds it necessary to seek medical treatment. The employee then tells the employer about the injury, explaining it happened weeks ago. This could raise suspicion with the employer that either the employee is making the injury up or the injury happened somewhere else and the employee is only seeking to file a false work-injury claim.

The employer – and their workers’ compensation insurance carrier – could reject the claim and refuse to pay the employee the workers’ compensation benefits they may be entitled to.

When it comes to repetitive stress injuries, there is usually not an “accident date” that can be pinned down as when the injury occurred. Instead, these types of injuries develop over time. When a worker realizes they are having medical issues, they should report it to their employer.

Let a Chicago Worker Injury Attorney Advocate for You

If you have been injured on the job or developed a work-related illness, contact a skilled Chicago workers’ compensation attorney to discuss your situation. Although injured workers would like to think their employer only has their best interest in mind, the reality in many situations is that the injured employee needs the assistance of an attorney who will ensure that their rights are protected and they receive all the benefits they are entitled to.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430

Returning to Work After an Injury: What Every Injured Employee Should Know

April 7th, 2017 at 10:36 am

Illinois workers comp attorney, Illinois workers compensation lawyer, When you are injured on the job, it can be devastating on your family’s finances. This remains true, even when you are eligible for workers’ compensation. Sadly, this may encourage you to return to work sooner, and that could potentially jeopardize your health. Thankfully, there are some things you can do to mitigate the risks. The following explains how.

Return Slowly, If You Can

Although returning to work could help you recover from your injury faster, it also places you at risk for injury if you come back to full duty too soon. This is especially crucial to understand if your doctor has told you to only return part time, or on limited duty. So, if you do return to work before you are fully healed, make sure you convey any concerns you have to your employer. Discuss your limitations with them and ask for the accommodations you are entitled to receive.

Know Your Rights

Just as you have the right to only work to the level that you are capable of when you return, you have the right to also continue seeking medical treatment for your injury. Further, you can still claim workers’ compensation for the time you missed at work, and for any time that may continue to lose for doctor appointments or special therapies and/or treatments. Make sure you keep track of your hours of lost work since this will be crucial to ensuring you receive compensation.

You should also know that your employer cannot punish you for claiming workers’ compensation, or for needing time to see your doctor for treatment. If you do feel that you have been wrongfully terminated, demoted, or otherwise punished for a work injury, it is crucial that you contact an experienced attorney for guidance and assistance.

Help for Your Workers’ Compensation Claim

While you can file a workers’ compensation on your own, not seeking legal assistance could increase your risks of a claim denial. Further, those who have representation during the claims process often experience more favorable outcomes. So get the quality counsel you deserve.

At the Law Offices of Francis J. Discipio, we fight to protect the best interests of our clients. We handle the legal aspects of your case, freeing you up to focus on healing and getting back to work. Whatever your situation, our Chicago workers’ compensation lawyers pursue the most favorable outcome possible. To schedule your consultation, call 630-574-2288 today.

 

Source:

http://www.wcb.ny.gov/content/main/ReturnToWork/RTW_Information_pamphlet.jsp

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