RIVERSIDE LAWYERS HELPING INJURED EMPLOYEES
Being a Lyft driver who was injured on the job, you may be anxious that you have no recourse. You may have signed a contract describing your independent contractor status, and Lyft may tell you that you’re not entitled to benefits. Nevertheless, in Riverside, there is an assumption that workers are employees. During workers’ compensation cases for Lyft drivers, the company must overcome that assumption. To prepare for the hearing, you should get connected with our seasoned Riverside workers’ compensation lawyers at Riverside, Perris, Sun City, Corona, Temecula, Moreno Valley, San Bernardino, Hemet, Victor Valley, Beaumont, Banning, Yucca Valley, Palm Springs, Palm Desert, and Indio Brawley. Hearings may feature complicated issues, precisely if you’re a rideshare driver. In addition, it’s wise to have an experienced attorney by your side to advocate for your claim for assistance.
MISCLASSIFICATION DONE BY LYFT
At a hearing for workers’ compensation reimbursements, Lyft undertakes the burden of showing that you aren’t an employee. It will have to justify the ABC test with absolute evidence:
(1) It doesn’t manage or direct how you perform your driving services
(2) Driving is outside Lyft’s usual business
(3) You’re associated with an independently established trade, profession, trade, or entrepreneurship
WORKERS’ COMPENSATION HEARINGS FOR LYFT DRIVERS
If Lyft refuses part or all of your claim, you can request a hearing in front of an arbitrator at the Riverside Workers’ Compensation Commission. To request a hearing, you need to register an application for adjustment of the claim. It may be advisable to register the application even if you believe Lyft will honor your claim or have already paid some reimbursements. You can schedule a hearing speedily if you already have an application on file. You will possibly be requested to be available at an Independent Medical Exam (IME) before the hearing. This is a medical evaluation by a doctor selected by the insurer. The doctor may be insisted on answering precise questions about your medical condition and restrictions. If you reject to cooperate with an IME, you won’t be able to get assistance.
An arbitrator will be authorized to hear your case. In addition, there are thirteen diverse arbitrators who may be assigned if your case arises in Riverside. The hearing will need both you and the insurer to provide the case for why assistance should be provided or refused. Most probably, you’ll need to evaluate at the hearing. You’ll possibly be enquired how you got your wounds. At the same time, how do those injuries restrict or limit your activities, such as your ability to drive? For instance, if you suffered stinging back injuries in a violent traffic clash as a Lyft driver. There can be a possibility that you will become paralyzed and will not be able to drive anymore. You may need permanent disability paybacks. Concerning the hearing, you might be questioned about how the collision happened and what kind of treatment you’ve already undergone. At the same time, you won’t require to justify the error in a workers’ compensation hearing. Additionally, you do need to be able to prove that your injuries are due to work-related reasons. Both you and the insurer will need to present medical proof to justify your positions. The doctors who are treating you and their opinions may clash with the IME report. Both your doctor along with the IME doctor may require to testify. Based on the issues, others may also need to testify. The arbitrator will regulate which position is more credible when faced with contradictory medical reports or testimony. The arbitrator will issue an appealable decision.
PETITION FOR IMMEDIATE HEARING
You can file a petition for an instant hearing under 19(b) if you haven’t gone back to work for Lyft at the same time; Lyft isn’t paying for your medical treatment or temporary disability payments. In most cases, a petition for an instant hearing greatly expedites the process of determining paybacks. If you’re already driving for Lyft again, as well as you’re owed less than 12 weeks of temporary complete disability assistance, you can’t request an immediate hearing, and you have to go through the standard process of hearing.
THIRD-PARTY LAWSUITS
If your injuries have occurred in a car accident while on the job for Lyft, you may be able to register a third-party lawsuit. As in a hearing, both you and the other party will need to present an indication. Nevertheless, unlike workers’ compensation hearings, you must establish the other party’s liability in a third-party lawsuit. You’ll need to provide evidence by a preponderance:
(1) The defendant owed you a duty to use reasonable
(2) Departure from that duty
(3) The departure caused your injuries. Unlike workers’ compensation, a civil lawsuit permits you to recover noneconomic damages such as pain and suffering, loss of enjoyment, and loss of conglomerate.
HIRE A SEASONED RIVERSIDE LAWYER
Being a Lyft driver, you may need medical assistance after a work-related injury. Your medical bills may be piling up and you may not be able to earn money to pay them. If you’re concerned about workers’ compensation hearings for Lyft drivers in Riverside, you should call our firm. The attorneys of Riverside 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 lump-sum settlements for Lyft drivers!
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