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Archive for the ‘workers compensation’ 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/

How Fraudulent Workers’ Comp Claims Complicate the System

June 9th, 2017 at 11:21 pm

Illinois injury lawyer, Illinois workers comp attorneyWhile most injured workers are honest about their injuries, there are a select few that attempt to inflate their injuries. Some will even go so far as to completely stage a situation that leads to injury. One prime example is a recent case in which a woman hit herself in the head with a sprinkler head after it hit her desk. Situations like this not only make a bad name for victims, they complicate an already complex workers’ compensation system. Learn more with help from the following.

Examining the Complexities of Workers’ Compensation

Workers who are injured on the job often assume that filing a claim will automatically lead to a payout for missed time at work. Unfortunately, this is not always the case. First, it takes time to pursue a claim. Second, if an insurance agent suspects fraud or feels that the injury is not significant enough to warrant payout, they can investigate further or deny the claim. To make matters even more frustrating, not all payouts are what victims expect.

How Fraudulent Claims Make the Situation Worse

When other workers file fraudulent claims, they slow down the process for those with legitimate injuries. They also increase suspicion for workers with valid injuries, making it more likely that they will experience investigative delays. To make matters even worse, there are fraudulent claims that make their way through the system; payout for these false claims can also place unnecessary stress on the system. This, too, can make things more difficult for the injured workers that need the compensation.

Navigating Your Own Claim

Because of the complexities of the system itself, and those that are added by fraudulent claims, it is suggested that workers seek legal assistance when filing a claim. Not only can this help decrease the processing time and increase the chances of a successful outcome, it also gives employees the time and energy they need to heal from their injuries. This time and energy could potentially increase the chances that the worker can eventually return to work.

At the Law Offices of Francis J. Discipio, we work hard to assist workers through their claims. We understand the complexities of the system and we stand by your side, every step of the way. Learn more about how our Chicago workers’ compensation lawyers can assist with your claim. Call 630-574-2288 and schedule your consultation with us today.

 

Source:

http://www.turnto23.com/entertainment/workers-comp-fraud-caught-on-camera

Illinois Workers’ Compensation Cost Higher Than Other Midwest States

December 9th, 2016 at 8:58 pm

Illinois workers comp attorney, Illinois injured worker laws, There have been concerns that many government officials have expressed regarding the current condition of the workers’ compensation system in Illinois. Lawmakers throughout the state, including Governor Bruce Rauner, are concerned that the existing system may allow workers who were not truly injured in the scope of their employment to collect benefits, placing a significant financial strain on the program.

As it turns out, those with concerns about the workers’ compensation system may have valid points, at least according to the newest edition of a biennial report. The Oregon Workers’ Compensation Premium Rate Ranking study has determined that, for the seventh consecutive year, Illinois ranks highest in workers’ compensation insurance rates among Midwestern states.

Looking Closely at the Numbers

Every other year, the Oregon Department of Consumer and Business Services conducts a review of workers’ compensation programs and related costs in each of the 50 plus the District of Columbia. Since 2010, Illinois has ranked above the rest of the Midwest for premium costs per dollar of payroll. For 2016, employers in Illinois spend $2.23 on workers’ compensation insurance for every $100 spent on payroll. By comparison, in neighboring Wisconsin, companies spend $2.06 per $100 in payroll, and in Missouri, employers spend $1.92 per $100 in payroll.

It would seem, perhaps, that high insurance premiums are just part of the equation for states in the Midwest. But, how can we explain the drastic difference between workers’ compensation rates in Illinois and those in Indiana, which are only $1.05 per $100 in payroll? It is hard to believe that jobs in Indiana are 112 percent safer than those in Illinois.

Lowering Costs

The numbers reported by the study present an interesting situation. Over the last decade or so, workplace injury reports have dropped by nearly a third, corresponding to an overall decrease in construction and manufacturing jobs — occupations that are at relatively high risk for on-the-job injuries. Yet, the average premiums for workers’ compensation insurance remain extremely high by local comparison.

Legislative measures were enacted in 2011 in the hopes of controlling some of the costs, but they, apparently, did not do enough. If the high premium rate continues, along with the comparatively high corporate tax rate and other regulatory costs in Illinois, companies may be inclined to look at other states as more business-friendly.

Have You Been Injured?

If you have been hurt on the job, you need to know your options for collecting workers’ compensation benefits. Contact an experienced Chicago workers’ compensation attorney to discuss your case today. Call 630-574-2288 for a free, no-obligation consultation.

 

Sources:

https://www.illinoispolicy.org/reports/illinois-remains-most-expensive-state-in-midwest-for-workers-compensation/

http://www.cbs.state.or.us/external/dir/wc_cost/files/report_summary.pdf

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