RIVERSIDE LAWYERS HELPING RIDESHARE DRIVERS
Being a Lyft driver, you may have decided that you are not an employee in a contract. Workers’ compensation insurance is intended to cover all employees’ job-related injuries. Companies sometimes need employees to sign these agreements to avoid paying workers’ compensation reimbursements or edge laws that turn applicable only to employees, not independent contractors. Nevertheless, Lyft cannot hold you to a contract stating you’re not an employee. Instead, Lyft needs to fulfill a specific test to avoid paying your workers’ compensation claim.
There can be a possibility of initial filing claims for injured Lyft drivers facing certain hurdles. Subsequently, you should consult the seasoned Riverside workers’ compensation attorneys of Riverside, Perris, Sun City, Corona, Temecula, Moreno Valley, San Bernardino, Hemet, Victor Valley, Beaumont, Banning, Yucca Valley, Palm Springs, Palm Desert, Indio Brawley to discourse your case.
INITIAL CLAIMS FOCUSED ON INJURED LYFT DRIVERS
Misclassification arises when an employer treats a worker as an independent contractor even though he is an employee. There is a supposition that you are an employee in Riverside, even if you’re a Lyft driver. To reject this presumption, Lyft will have to demonstrate that you’ve been and will keep being free from Lyft’s direction; otherwise, control your driving in an appropriate workers’ compensation proceeding. At the same time, your driving fell outside Lyft’s general course of business, and you also got associated with a separate company, profession, occupation, or trade.
NOTICE OF WOUND
You should inform Lyft about your work-related wounds in writing as soon as possible and possibly within 45 days. Frequently, it’s wise to provide this notice in an email. That way, you have evidence in writing of giving information, and you also have a copy of the exact notice you made available. The statement should clarify what the accident caused the injury, as the date and time it occurred. If you miss providing timely information, you can lose your right to reimbursement. Moreover, when you do late, Lyft’s insurer may be skeptical that the injury is work-related and refuse that the claim falls within its coverage.
Additionally, Lyft should file an accident report with the Riverside Workers’ Compensation Commission within 30 days. This report effortlessly informs the Commission about the accident that took place. Lyft must inform the insurer to process the claim. Lyft’s insurer is obligated to analyze your claim, including investigating your medical records and tests apart from the treatment. Lyft or its insurer should inform you whether the claim will be honored or refused. If your reimbursements get rejected, you should receive a written explanation of the refusal. There can be several reasons for your claim to get rejected.
- Lyft insists you are an independent contractor.
- Otherwise, Lyft disputes that the injury is job-related.
- Claims can also get rejected if you miss providing notice in 45 days.
If you have got refused workers’ compensation reimbursements, you should refer to a lawyer to analyze your case and discuss registering an application for Adjustment of Claim.
APPLICATION FOR ALTERATION OF CLAIM
Whether the payment towards your workers’ compensation claim is settled or refused, you can file an Application for Adjustment of Claim with the Riverside Workers’ Compensation Commission. Registering the application can be significant because, at times, insurers start by paying claims but then rudely refuse them. Keeping an application on file can fasten the disagreement resolution process if the insurer stops paying benefits or rejects certain reimbursements after investigating. The application needs to get registered in writing within three years of injury. Nevertheless, if you have received the payment some rebates, the insurer terminated reimbursements before paying you everything you were authorized. The time provided is two years from the date of the last benefit payment to file your application. An authority will be assigned to your claim when you apply. There will be a status call till a hearing after every sixty days.
If your work-related injuries were constant in a car accident caused by a third party, you might be able to grasp the third party accountable in court. In third-party lawsuits, it may be significant to show that another driver’s actions or omissions fell below the standard of care, causing your injuries. Sometimes other parties should also be involved in the suit. Lyft or its insurer may have the authority to recover expenses associated with your workers’ compensation claim if a third party turns out to be at fault.
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