RIVERSIDE LAWYERS FOR GIG WORKERS
Your knee is a complex joint that shifts to allow you to bend or straighten your legs so you can run, jump, or squat. It comprises ligaments, cartilage, tendons, or bones. The ligaments stabilize the bones, while tendons support the joint. The femur sits on top of the knee joint and allows ligaments to slide over the bone to prevent massive impact on the bones. Knee injuries can be painful and disabling. Sometimes, those with knee injuries cannot drive or work at all. Knee injuries for Lyft drivers might be eligible for medical care under the workers’ compensation system if the wound was work-related. The potential claim can be analyzed and determined by the knowledgeable Riverside workers’ compensation attorneys of Perris, Sun City, Corona, Temecula, Moreno Valley, San Bernardino, Hemet, Victor Valley, Beaumont, Banning, Yucca Valley, Palm Springs, Palm Desert, and Indio Brawley.
KNEE INJURIES FOR LYFT DRIVERS
As a Lyft driver, you may get into a car or other work-related accident resulting in various knee injuries, each with its limitations. For instance, a patellar fracture is a severe injury that can make it challenging to straighten the knee or walk. Most fractures happened by high-impact trauma, such as the kind sustained in a car accident. Those who have underlying osteoporosis are more likely to sustain fractures. Lyft drivers may also suffer injuries in other ways, such as carrying luggage.
You might assume or Lyft may have told you that you’re not entitled to compensation reimbursements because you’re an independent contractor. It’s significant to realize that the presumption in Riverside is that you are an employee. Lyft has to prove that you’re not an employee under what’s known as the ABC test at a workers’ compensation hearing. The ABC test requires Lyft to show:
- It doesn’t control how you do your job.
- Lyft’s usual business is not driving.
- You’re engaged in a position of some kind that’s independently recognized.
PRE-EXISTING CONDITIONS IN WORKERS’ COMPENSATION CLAIMS
Some insurers may deny workers’ compensation claims because the injury resulted from a pre-existing condition. The same is not necessarily a valid or legitimate reason to deny a claim. You are entitled to workers’ compensation benefits in Riverside so long as working for Lyft aggravated or exacerbated your knee injuries. For instance, drivers who suffer a knee injury in a car accident while transporting passengers for Lyft may be eligible for workers’ compensation reimbursements. A previously torn anterior cruciate ligament (ACL) treated through surgery does not bar reimbursements.
MEDICAL AND DISABILITY BENEFITS FOR KNEE INJURIES
After you suffer from your knee injury at work, you may be entitled to workers’ compensation benefits, including disability and medical benefits. You can only obtain temporary disability benefits once you’ve missed three workdays. However, if you miss more than 14 days of work, you can retroactively recover benefits for the first three days. They should pay temporary total injury compensation at 66 2/3% of your average weekly wage. The state sets a cap on the weekly average regularly adjusted wage. Sometimes, a knee injury may leave a driver permanently unable to work. Permanent total disability gets further compensated at 66 2/3% of your average weekly wage. Through the workers’ compensation system, you may be able to obtain vocational rehabilitation after sustaining a severe knee injury. Vocational rehabilitation could allow you to receive training or education to work in a capacity other than driving for a rideshare company.
If you suffered your wounds in a car accident that was the fault of another, you might be able to recover your complete losses by bringing a third-party lawsuit against the responsible party. While workers’ compensation benefits neither fully cover your wage loss nor allow you to recover for noneconomic losses, a successful third-party case may allow you to recover the gamut: pain and suffering, loss of consortium, lost wages, lost earning capacity, loss of enjoyment, and loss of consortium.
RETAIN A SEASONED RIVERSIDE ATTORNEY
The Law Office of Dr. Peter M. Schaeffer is one of the finest Knee Injuries for Lyft Drivers’ Compensation law firms in Riverside; you can effortlessly visit us at any location in California, as we are present in all major locations like Riverside, Perris, Sun City, Corona, Temecula, Moreno Valley, San Bernardino, Hemet, Victor Valley, Beaumont, Banning, Yucca Valley, Palm Springs, Palm Desert, and Indio Brawley.
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