Even with the popularity of rideshare services, cab drivers still play a vital role in society. From getting to the airport to a safe ride back home when your car breaks down, calling a taxi is the sensible solution for many people. Though we rarely think about it, driving a taxi can be a dangerous job. You are at a higher risk of injuries from a car accident, especially late at night or during bad weather. Robberies and physical or sexual assault are common among taxi drivers as well, and it’s important for injured drivers to seek compensation for their harm and suffering.
Most people that were in a workplace accident can file for workers’ compensation through their employer’s insurance company. These benefits are guaranteed by the state of California if you were injured while performing your job duties. Thus, you have the safety net of knowing that your medical bills and lost wages are covered while you are in recovery. However, you may also have the right to file a personal injury lawsuit if someone else is responsible for the accident. For example, if another driver was texting on the phone and crashed into your vehicle, you have the right to file a claim with their insurance company.
Regardless of the circumstances, you may have concerns about your benefits once you are able to return to work.If I file an injury claim, can I still drive for a taxi company?
We know the stress and aggravation you are under when you’ve injured on the job. The workers’ compensation lawyers of Normandie have been fighting for the rights of workplace accident victims for over two decades. For a free consultation on your rights and legal options, call us today.
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Can I Resume Driving for a Taxi Company if I have an Active Injury Claim?
According to California law, you can’t be prohibited from returning to work after an accident, even if you are not completely healed from your injuries. It’s understandable why people are eager to resume their work duties; workers’ compensation only covers two-thirds of your normal wages. So even if your medical needs are fully covered, you will still be without a good chunk of your salary while you’re out of work.
However, returning to work too soon can have negative consequences on your claim, as well as your health. For one thing, the insurance company handling your claim will certainly dispute your need for benefits, as it appears that you are well enough to resume your job duties. You can also end up with additional injuries if you return to work too early, which will not be covered by your current workers’ comp claim.
Going Back to Work with Restrictions
There is one notable exception that will allow you to continue receiving benefits for a workplace injury, even if you return to work. If your doctor says you’ve reached maximum medical improvement (MMI), that means no further recovery can be expected, even with continued medical treatment. This could mean that you are unable to work at all, or unable to perform your job duties well enough to continue your job as a taxi driver. On the other hand, you may be well enough to go back to work on a part-time or restricted basis.
Generally, you will need to determine if accommodations can be made by your employer so that you can perform certain duties that are manageable for someone in your condition. This is easy enough to do in office settings, but it’s more difficult if you are on the road for a living. In that case, the taxi company you work for may not be able to offer alternative job duties that will allow you to keep your workers’ comp benefits.
If I Filed a Lawsuit, Do I Need to Stay out of Work?
If someone else other than your employer is responsible for your accident, you can seek additional remedies through a personal injury lawsuit. Your right to sue the negligent party is not based on your ability to return to work. For one thing, the injuries you suffered are still valid, regardless of when and if you can resume your job duties. In addition, a lawsuit includes compensation for a variety of monetary losses, in addition to medical expenses and lost wages. These damages are not invalidated simply because you are able to continue your job.
However, driving a taxi after you file a personal injury claim can have negative consequences on your case. That’s why it’s essential to discuss the pros and cons of returning to work with an experienced accident injury lawyer. As we’ve mentioned before, the insurance company may question the severity of your injuries if it seems like you’ve gone back to work too early. It can also cause problems if you are claiming non-tangible damages, like pain and suffering and emotional distress. For example, many people who have had a car accident end up with trauma that makes it difficult for them to get back in the driver’s seat. If you are able to get back in a taxi and drive for hours at a time, it will be harder to make a case for compensation based on emotional trauma.
Another important issue is the possibility of worsening your injuries or ending up with new ones. Bodily harm after your accident cannot be included in your lawsuit, unless it’s an injury that’s directly related to the accident (chronic pain, for example). To ensure that you do not jeopardize your lawsuit, consult your doctor and attorney before you go back to driving for a taxi company.
Free Second Opinion
We’ve mentioned how important it is to speak with your lawyer if you are wondering whether you should go back to work after you file an accident claim. Maybe you’ve taken this step already, but you and your lawyer cannot come to an agreement. What are your rights if you’re convinced that your lawyer is providing you with the wrong advice?
Switching your lawyer is an option, but this is not something you should do just because you’re unhappy with the advice they’ve given you. A sensible solution is to meet with one of our attorneys and obtain a second opinion on your case. We provide free second opinions for accident victims, so there’s nothing to lose by discussing your options with a member of our legal team.
For a free second opinion consultation on your workers’ compensation or accident injury claim, contact our office at your earliest convenience.
Legal Advice from a California Employment Rights Lawyer
As someone that was harmed in an accident, it’s essential to receive every penny of the compensation you deserve by law. That’s why you want to avoid certain actions that can stop or reduce your payments, whether it’s from a workers’ compensation claim, a personal injury lawsuit, or both.
If you have questions or concerns about your legal rights, we are here for you 24 hours a day, 7 days a week. Along with a free consultation, we provide free legal services if you want us to represent you on an injury claim. The only time we collect payment is at the end of your case, when you receive your settlement award. What happens if we don’t win your case? You owe us absolutely nothing, since you are protected by the Zero Fee Guarantee from day one.
Don’t hesitate to contact us and speak with an experienced labor law attorney if you are wondering about your right to work if you file an injury claim.
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