RIVERSIDE LAWYERS HELPING RIDESHARE WORKERS
It can be problematic for Lyft drivers to obtain the workers’ compensation reimbursements to which they are entitled since Lyft claims its drivers are independent contractors rather than employees. When drivers receive workers’ compensation paybacks, but the insurer or arbitrator later determines that the drivers were not entitled to these reimbursements, the company may pursue to recover overpayments to injured Lyft drivers. If you are a Lyft driver injured while transporting passengers, seek a consultation with an experienced Riverside workers’ compensation attorney.
OVERPAYMENTS TO INJURED LYFT DRIVERS
Generally, employers and their insurers are motivated to make prompt, voluntary payments of benefits to further the purposes of the Riverside Workers’ Compensation Act. Nevertheless, in the course of making such payments, mistakes may be made. Overpayments occur any time workers are paid reimbursements to which they were not authorized. Nevertheless, when the worker filed the initial claim, it may not have been entirely clear what benefits the worker should have been paid. For instance, there may be a complex or incorrect initial analysis of a worker’s average weekly wage.
Workers’ compensation reimbursements are estimated based on a claimant’s average weekly wage, which is your actual earnings in the 52 weeks before the wounds date divided by 52. If you commenced working during the 52 weeks before the work accident, your actual payments would get divided by the many weeks you earned wages nevertheless, if you did not work for five or more days during the 52 weeks. The pay for those days is subtracted and divided by the remaining weeks. The insurer may not use the correct calculation method or may miss to include some aspect of your pay.
In other cases, your employer may begin making payments to your doctor since you require instant medical treatment along with medication. A subsequent investigation may move forward with an arbitrator at the Riverside Workers’ Compensation Commission to analyze that your injuries were not concerning work at the same time that an overpayment took place. Likewise, an arbitrator’s clerical fault in awarding assistance may also result in an overpayment.
CLAIM OF OVERPAYMENTS TO INJURED LYFT DRIVERS
According to Riverside law, employers are authorized to receive credits when they have overpaid assistance to wounded workers. When an overpayment has taken place, the employer is settled from their obligation to make payments until the overpayment is eliminated.
In order to investigate whether an overpayment occurred, an insurer may bring a claim. If you refuse and believe you were paid the proper amount, an audit can be conducted, comparing what you were essentially paid with the Commissioner’s formal award. Although this audit, it can be determined whether you were overpaid. In such a proceeding, a lawyer can safeguard your legal rights and independently analyze the original payments to see if an overpayment actually took place.
In other circumstances, an audit may bring into prominence the occurrence of an overpayment. If you received an overpayment of assistance, your future payments would likely be impacted. Petitioners who are residing on the limited funds available through the workers’ compensation system may feel exhausted. In most circumstances, the administrative law judge will particularly mention an amount to be subtracted from your future payments. At the same time, this deduction will remain in place until the insurer has recouped its overpayment.
Additionally, you might be suggested to write a personal check to cover the reimbursement. You should refer an experienced workers’ compensation attorney to analyze whether the amount owed can be paid back through the minimizing of future payments rather than as a lump sum.
When workers’ compensation reimbursements are not adequate to settle your bills, you may feel stressed to realize that you were overpaid and will that’s why to receive even less in future benefits if you are a Lyft driver who got wounded in a car accident caused by another driver. You may be able to get on a personal injury lawsuit for damages. Our attorneys will also be able to assist estimate whether a third-party lawsuit is suitable.
RETAIN A SEASONED RIVERSIDE ATTORNEY
Lyft drivers face many obstacles when attempting to acquire or keep their workers’ compensation assistance. If you are a Lyft driver concerned about overpayments, you should talk over your situation with the experienced workers’ compensation lawyers of Riverside, Perris, Sun City, Corona, Temecula, Moreno Valley, San Bernardino, Hemet, Victor Valley, Beaumont, Banning, Yucca Valley, Palm Springs, Palm Desert, Indio Brawley.
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