Uber and/or Lyft drivers are the most vulnerable in being involved in a car accident. As such, it is important that you understand your legal rights to compensation if you are involved in a car accident.
Uber and/or Lyft drivers can receive monetary compensation under BOTH Workers’ Compensation and Personal Injury under certain circumstances. Unlike in Personal Injury Law, the Workers’ Compensation Board looks to whether an injured person was working when the injury occurred. If the answer is yes, you are in the realm of Workers’ Compensation. If the on the job injury occurs because of an at-fault party, you are also entitled to Personal Injury benefits.
IF I GET WORKERS’ COMPENSATION BENEFITS, CAN I ALSO SUE THE AT-FAULT PARTY?
Yes. Personal Injury Law entitles an injured victim to be compensated from the at-fault party. However, Workers’ Compensation entitles the injured victim to be covered for medical expenses that resulted from the injury, lost wages and monetary compensation for future pain and suffering.
WHEN IS AN UBER AND/OR LYFT DRIVER ENTITLED TO WORKERS’ COMPENSATION?
To determine your eligibility under Workers’ Compensation Law, you must ask yourself whether the injury occurred during the course of your employment. If the answer is yes, you are entitled to Workers’ Compensation benefits. Below, is an outline which highlights when an Uber/Lyft drivers is eligible under Workers’ Compensation.
Uber or Lyft Application on? If yes, Workers’ Compensation applies.
Uber or Lyft passenger in the vehicle when the accident occurs? If yes, Workers’ Compensation applies.
In a recent decision by the Workers’ Compensation Board, the administrative law Judge properly ruled in favor of our client who had his Uber application on but was automatically updating when he was involved in a car accident. The judge found that the driver was ready, willing and able to work and was operating his vehicle with the intention of catching a fare when the accident occurred, therefore applying Workers’ Compensation coverage to our client.
CAN I GET WORKERS’ COMPENSATION IF I AM AT FAULT?
Uber and Lyft drivers should also be aware that they are entitled to Workers’ Compensation benefits even if the work related accident was their fault. That means, the injured worker is still entitled to medical coverage, lost wage coverage and monetary compensation for their claim.
WHAT IS COVERED UNDER NEW YORK WORKERS’ COMPENSATION?
Workers’ Compensation Insurance covers all medical expenses such as hospital expenses, surgeries, physical therapy, injections and diagnostic tests such as MRI’s. In addition, Workers’ Compensation also covers two-thirds (66%) of lost income resulting from the work injury. At the end of your case, you may be entitled to a settlement for permanent restrictions and limitations that resulted from the incident.
To learn more, contact the experienced Queens Workers’ Compensation Lawyers at BECK LAW, P.C. for a free consultation.