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LYFT DRIVERS WITH PRE-EXISTING CONDITIONS

18 May 22

LAWYERS FOR RIDESHARE WORKERS WOUNDED ON THE JOB IN RIVERSIDE

In case you are a Lyft driver with a pre-existing situation that’s been intensified on the job in Riverside, you may find yourself not able to work anymore. You may be disturbed about how you’ll pay for medical care, predominantly if you don’t have health insurance. Generally, Lyft categorizes rideshare drivers as independent contractors. You may also have signed a contract to that impact, agreeing that you’re an independent contractor. However, Lyft doesn’t get the last word on whether you’re an employee or an independent contractor. You may have been wrongly categorized for the purpose of avoiding payment of assistance, such as workers’ compensation reimbursements. Instead of assuming you have no recourse, you can talk to the seasoned 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 concerning your potential claims.

LYFT DRIVERS WITH PRE-EXISTING CONDITIONS

Courts are categorized as to whether Lyft drivers should be treated as employees for workers’ compensation. Nevertheless, the Riverside Workers’ Compensation Act defers the Employment Classification Act when it defines “employee.” The Employment Classification Act became influential commencing in 2008. At the same time, under it, a worker is assumed to be an employee. In a place where a worker operates as a sole proprietor or partnership, she needs to meet a 12-part test.

Lyft probably will debate you don’t deserve paybacks; at the same time, it may try to reject your paybacks not just on the justification that it hasn’t categorized you as an employee yet also on the grounds of you having a pre-existing condition. There are several medical conditions that may be intensified by driving for hours on end. The most generic of these have to do with the neck, back, and spine. Nevertheless, other medical conditions can also be aggravated by constant driving and the repetitive motions associated with it, such as repeated braking. The life-threatening issue is whether your pre-existing condition was worsened or aggravated by driving or some other aspect of the job.

PRE-EXISTING CONDITIONS

Lyft cannot simply reject your claim because you have a pre-existing condition. However, in order to be eligible for assistance, you will need to be able to show that this condition was aggravated or worsened by your work. For instance, if you get into a car accident while driving and suffer a serious fracture of your leg, Lyft cannot refuse you payback due to the reason that you were earlier in an accident at the same time hurt your leg, such that you were more vulnerable to the fracture.

Presumptuous you can make the case that you’re an employee rather than an independent contractor, you should be able to get workers’ compensation paybacks for an exacerbation or aggravation of a pre-existing condition under the Riverside Workers’ Compensation Act. A conversant work injury lawyer can assist you in a debate about whether you should be classified as an employee.

ASSISTANCE

Based on the Riverside Workers’ Compensation Act, Riverside workers’ compensation paybacks include reasonable medical care that is required to relieve or cure the impact of an injury, vocational rehabilitation, temporary, permanent, or partial disability reimbursements, and death paybacks. These paybacks aren’t taxable. Temporary disability reimbursements are done at a rate of 66 2/3% of an injured worker’s average weekly wage that goes to the state maximum. These paybacks are paid once you miss three days of work, excluding where more than 14 workdays are not made. In such a case, the first three days are compensated as well. You can receive permanent disability through estimation of 66 2/3% of the difference in wages from before and after an injury, otherwise, according to a schedule of injuries.

WORKERS’ COMPENSATION ATTORNEYS SERVING RIVERSIDE AREA RESIDENTS

If you’re a Lyft driver with a pre-existing condition that’s been worsened by your job, you can discuss your situation with legal counsel. The Riverside 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.

Contact us now! To know more about Lyft Drivers with pre-existing conditions!

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    The Law Offices of Dr. Peter M. Schaeffer serves the State of California and the Riverside and San Bernadino counties, which includes the surrounding communities of Riverside, Corona, Moreno Valley, Hemet, Temecula, and Palm Springs. Our office locations are conveniently located in the cities of Riverside (main office), Temecula, and Palm Springs