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LYFT DRIVERS WITH REPETITIVE STRESS INJURIES

19 May 22

RIVERSIDE LAWYERS FOR RIDESHARE WORKERS HARMED ON THE JOB

In case you are a Lyft driver, you preferably spend long hours in the car. This can impact repetitive stress injuries. Being an employee, you would be authorized to provide workers’ compensation assistance for repetitive stress injuries. Nevertheless, when you commenced, you may have signed an agreement in which Lyft mentioned you as an independent contractor. You should not predict this agreement is the final word on whether you’re an independent contractor. Employees wrongly categorized are very generic due to the reason that several employers don’t want the extra costs of hiring an employee and needing to pay for workers’ compensation reimbursements or unemployment benefits. You can check with a seasoned Riverside workers’ compensation attorney about whether you may have been wrongly categorized and whether your repetitive stress injuries from driving allow you to pursue workers’ compensation assistance.

REPETITIVE STRESS INJURIES

The Occupational Safety and Health Administration has brought into prominence that ongoing stress injuries are among the most rapidly growing occupational injuries. Approx. 1/3 of all cases engaging days away from work involve a musculoskeletal injury, which is what repetitive stress injuries are. In case you remain sitting in the same position for a long time or constantly undertake the same tasks, you are going to be at the hazard of a repetitive stress injury. Since these wounds develop gradually, you may not have sought diagnosis or treatment until the condition has become disabling. Nevertheless, if this condition isn’t treated, you may face greater pain and disability as a Lyft driver with a repetitive stress injury.

QUALIFYING FOR WORKERS’ COMPENSATION ASSISTANCE

In Riverside, the workers’ compensation system was structured to be an error-free system. Being an employee, you don’t need to prove that your employer was negligent or otherwise at fault for your accident in order to obtain assistants. Likewise, your employer cannot get your reimbursement minimized due to the reason that you were at error for your repetitive stress injuries due to poor posture or another reason. Rather, you need to prove:

(1) You’re an employee
(2) Your injury took place on the job or due to the reason tasks under RIVERSIDE LAWYERS FOR RIDESHARE WORKERS HARMED ON THE JOB

If you are a Lyft driver, you probably spend long hours in the car. This can result in repetitive stress injuries. As an employee, you would be entitled to workers’ compensation assistance for repetitive stress injuries. Nevertheless, when you commenced, you may have signed an agreement in which Lyft called you an independent contractor. You should not assume this agreement is the final word on whether you’re an independent contractor. Employees wrongly categorized are very generic due to the reason that several employers don’t want the additional costs of hiring an employee and needing to pay for workers’ compensation reimbursements or unemployment benefits. You can check with a seasoned Riverside workers’ compensation attorney about whether you may have been wrongly categorized and whether your repetitive stress injuries from driving allow you to pursue workers’ compensation assistance.

REPETITIVE STRESS INJURIES

The Occupational Safety and Health Administration has found that repetitive stress injuries are among the most quickly growing occupational injuries. Around 1/3 of all cases involving days away from work involve a musculoskeletal injury, which is what repetitive stress injuries are. If you sit in the same position for a long time or repeatedly perform the same tasks, you are at risk of a repetitive stress injury. Since these injuries develop gradually, you may not have sought diagnosis or treatment until the condition has become disabling. However, if this condition isn’t treated, you may face greater pain and disability as a Lyft driver with a repetitive stress injury.

QUALIFYING FOR WORKERS’ COMPENSATION ASSISTANCE

In Riverside, the workers’ compensation system was designed to be a no-fault system. As an employee, you don’t need to show your employer was negligent or otherwise at fault for your accident in order to receive benefits. Likewise, your employer cannot get your benefits reduced because you were at fault for your repetitive stress injuries due to poor posture or another reason. Rather, you need to show: (1) you’re an employee and (2) your injury occurred on the job or because of tasks performed at work.

Worker misclassification is very common, especially among rideshare companies. However, whether you’re an employee or an independent contractor is a legal question. You do not have to take Lyft’s word for it that you’re an independent contractor and not allowed to benefit. In order to convince the court that you’re an employee entitled to workers’ compensation benefits, you’ll need to show that multiple factors add up to you being an employee. The court will analyze the extent to which Lyft controls how you do your job, its right to fire you, how you are paid, whether it furnishes what you use to do your job, and whether the employer takes taxes out of your pay. There may be a strong argument to be made that Lyft drivers are employees and therefore authorized workers’ compensation reimbursements in Riverside; at the same time, a skilled work injury lawyer can estimate the facts of your case to regulate what legal claims may be available to you.

WORKERS’ COMPENSATION ASSISTANCE

The Riverside Workers’ Compensation Act covers all injuries continued by an employee that are caused in part or entirely by a job. This includes coverage of pre-existing conditions that are intensified by the job. Assistance to which you may be authorized as a Lyft driver with continuous stress injuries includes medical expenses, rehabilitation, disability benefits, and vocational rehabilitation. There are different types of disability reimbursements meant to partially replace the wages you would have otherwise earned had you not been injured. Temporary total disability paybacks are equal to 2/3 of your average gross weekly wage if you’re unable to work while recovering taken at work.

Worker wrong categorizing is most generic, especially among rideshare companies. Nevertheless, if at all you’re an employee or an independent contractor is a law-based question. You do not have to consider Lyft’s word for it that you’re an independent contractor and not authorized to benefit. In order to justify to the court that you’re an employee authorized to workers’ compensation benefits, you’ll need to show that multiple factors added up to you being an employee. The court will analyze the extent to which Lyft controls how you do your job, its authority to fire you, how you are paid, whether it furnishes what you use to do your job, and at the same time, whether the employer takes taxes out of your pay. There may be a strong debate to be made that Lyft drivers are employees and therefore authorized workers’ compensation reimbursements in Riverside. At the same time, a skilled work injury lawyer can estimate the facts of your case to regulate what legal claims may be available to you.

WORKERS’ COMPENSATION ASSISTANCE

The Riverside Workers’ Compensation Act covers all injuries continued by an employee that are caused in part or entirely by a job. This is inclusive of coverage of pre-existing conditions that are intensified by the job. Assistance to which you may be authorized as a Lyft driver with continuous stress injuries comprising medical expenses, rehabilitation, disability paybacks, and vocational rehabilitation. There are different types of disability reimbursements meant to partially replace the wages you would have otherwise earned had you not been injured. Temporary total disability paybacks are equal to 2/3 of your average gross weekly wage if you’re unable to work while recovering.

SEASONED WORKERS’ COMPENSATION ATTORNEYS SERVING RIVERSIDE

If you are a Lyft driver with a repetitive stress injury, you can debate your circumstances with an experienced workers’ compensation lawyer at The Law Office of Dr. Peter M. Schaeffer who comprehends how to contest misclassification. Riverside, Perris, Sun City, Corona, Temecula, Moreno Valley, San Bernardino, Hemet, Victor Valley, Beaumont, Banning, Yucca Valley, Palm Springs, Palm Desert, Indio Brawley. The Law Office of Dr. Peter M. Schaeffer can also scrutinize the situation that caused your injury to regulate whether you have other options for relief, such as a third-party lawsuit or a Social Security Disability Insurance support.

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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