Uber has threatened to pull out of California starting August 20th, 2020. This will essentially leave thousands of drivers with no new way to earn money, as other rideshare companies have also joined the pull out. Uber provides various services, such as rideshare, scooters, and food delivery. All at once, these various gig economy workers will be left with no way to earn income and will not be able to pay for basic necessities. It I highly recommend that you contact our law firm, Normandie Law Firm, if you are facing a troublesome situation with the impending California shutdown. We will help ensure that you get the unemployment insurance, disability insurance, injury lawsuit compensation, or other form of restitution or benefit that you need. Our clients have asked us many questions, and we have provided many below and given you the answers you’ve been searching for.
What are the laws about independent contractors and Uber drivers?
In essence, in 2015, California signed a bill that forced a change in language for companies and employees. If a business controls the way the employees work and has hired them to perform a service that is essential to the company and in its direct line of work, then the workers are to be considered full time employees and not independent contractors. Independent contractors generally set their own hours, charge their own rates, and are not privy to certain forms of coverage, like company-provided health insurance.
Uber and other rideshare companies pushed back immediately against this, primarily to try and preserve its profits. Uber does not allow drivers to control the cost of their rides, for example, and the company is completely founded on being a ride hailing company. Therefore, drivers fit the main points of the bill perfectly, but that was not enough for the company to acquiesce.
For the past 5 years, the company has still refused to classify its workers as full time employees. Now, courts have ruled that the company must do so, and in response, Uber and other rideshare companies have decided to pull out of California and cease operations there.
Can Uber drivers file for disability in California?
Can rideshare drivers file for disability in California?
Can Uber Eats drivers receive disability benefits in California?
Can Uber drivers file for disability insurance if they are injured on the job?
Many individuals drive for Uber in their spare time. They either pick up passengers, load scooters to be recharged, or deliver food from restaurants. Most of these drivers are not full time workers and only hit the road after their regular jobs.
Disability benefits can be given out if you are injured and cannot work. You do not need to be hurt on the job to qualify for disability; if you were injured while working, you would instead pursue worker’s compensation first before embarking on a disability claim.
In order to receive disability and still drive for Uber, you must not exceed a certain amount of income per month. If you do, then you will be removed from California’s disability program.
California Disability Information
According to the EDD, which is the State of California’s Employment Development Department, there are specific eligibility requirements that disabled individuals must meet if they are to receive benefits. They can be found below:
- You must be unable to perform your regular or customary work for at least eight consecutive days
- You must have had a job or you must have been actively searching for work at the time your disability begins
- You must have suffered diminished income or lost wages due to your disability.
- You must have received at least $300 from which SDI deductions were withheld during your base period
- You must receive the care and treatment of a licensed physician or valid, accredited religious practitioner within the first eight days of sustaining your disability
- You must remain under the care and treatment of the physician to continue receiving disability benefits
- You must complete and submit your claim form minimum 9 days after your first day of disability begins, but no later than 49 days afterward
- You must have your physician complete the medical certification portion on your disability claim
Your employer is aware of the same eligibilities and requirements, but you should know that there are some things that can disqualify you from receive disability coverage. They are as follows:
- You claim or receive Unemployment Insurance or Paid Family Leave benefits.
- You were injured and became disabled in the middle of a crime that resulted in a felony conviction.
- You are in a location where you were convicted of a crime, such as jail, prison, or a recovery home
- You are currently receiving workers’ compensation benefits at a weekly rate equal to or greater than the Disability Insurance amount
- You fail to have an independent medical examination by a different physician to your primary when requested to do so
If you qualify for disability, you should file your claim and get started so that you can receive compensation even while injured.
How much can I receive in disability and still drive for Uber?
Disability benefits in California are capped at $1,300 per week. Employees can receive 60% of their normal wages from their job (or 70% depending on the wage level). This means that if you are receiving disability insurance and you choose to drive for Uber as a supplement, your total wages cannot exceed the cap. You will have to either cut back on the amount of time you drive or receive a lower amount of benefits.
You should carefully count out your income so that you do not find yourself in a situation where your benefits are removed because you made too much money in a pay period.
Can Uber drivers get unemployment because of the California shutdown?
Can I get unemployment if Uber in California is shut down?
Unemployment benefits can be handed out to eligible individuals. These eligibilities include:
- You must be totally or partially unemployed
- You must be unemployed through no fault of your own; such as by termination, bankruptcy, lay offs, or, in Uber’s case, a shutdown or pulling out of a market or state
- You must be physically able to work; if you are not, then you can opt for disability insurance instead
- You must be available for work
- You must be ready and willing to accept work at once; that is, if another job opportunity comes up, you must be willing to take it
The issue is that, because the drivers are independent contractors, they have to change the way they pursue unemployment – and Uber does not ever pay unemployment benefits. Because of the threat of workers becoming full-time employees, the company has not reported the income of the drivers to the state, which means that claims cannot proceed or be approved. The EDD is rejecting claims from individuals who cannot have their income corroborated.
In the wake of the COVID-19 pandemic, many drivers were unable to continue working due to a drastic decrease in the amount of rides and due to concern for their health and safety. Now that many businesses have opened back up, there is once again a demand for rideshare, but these drivers will not be able to work if Uber pulls out of California. The unemployment process is still an issue for many, as some people have been out of work for months and have yet to receive any benefits. This current shutdown of Uber can further delay the chances of former drivers receiving any unemployment insurance.
Uber Insurance information
At its inception, Uber did not provide insurance coverage to its drivers. They maintained that all drivers had to have their own coverage and if there were any accidents, the drivers would be responsible. This changed after a driver hit a young pedestrian and killed her, prompting the courts to mandate that rideshare companies provide automobile insurance to their drivers. Uber did act relatively quickly, adopting coverage from James River Insurance and implementing a special policy.
Uber’s insurance now is covered by a specific company depending on your location. Insurers include Allstate, Farmers, James River Insurance, and Progressive. It is important that you understand how Uber’s insurance coverage works, though, because it is very different from personal auto insurance policies. You must also take note that, in order to drive for Uber in the first place, you must have your own auto insurance coverage that meets California’s minimum requirements ($15,000 in bodily injury per person injured in a crash, $30,000 in bodily injury per accident, and $5,000 in property damage). However, personal auto insurance does not cover commercial driving, so Uber’s insurance will take effect ion some scenarios.
There are three different phases of Uber’s insurance coverage. Be aware that you are protected byour own policy if you are merely driving around and not intending to drive for Uber. The first phase involves an Uber driver who has the app on but has not yet collected a passenger or who is not en route to his destination. During this phase, Uber provides $50,000 per person in bodily injury if any individual was hurt in an accident,;$100,000 per accident in total bodily injury damages; and $25,000 in property damage liability (in times when you caused damages to another individual’s vehicle). In addition, you will be given $250,000 in Uber’s uninsured motorist (UM) coverage, which allows you to receive compensation if you were hit by a driver who did not have any insurance. This is particularly useful in hit and run situations, or when a driver has caused enough damage that his limits would not cover the damages.
Once a driver has accepted a passenger’s request, he will drive to the passenger’s destination. This next period continues throughout the trip. All individuals in the car, including all pool passengers and the driver, will be protected by an increased amount of insurance coverage. In this period, Uber provides $1,000,000 in liability insurance for any injuries to individuals; $1,000,000 in underinsured motorist coverage and uninsured motorist coverage; and comprehensive collision coverage. This comprehensive collision coverage can only be received if you meet the $1000 deductible, and if you have the same coverage on your personal automobile insurance policy.
- Can I continue driving for Uber if I have an open injury case?
- Can I still drive for Uber if I have active accident case?
You can still drive for Uber if you have an open injury case. The claim will persist and will not be dependent on whether or not you can drive for the company. The company may choose to block you from earning income in that time period, but this is not common.
Can I receive any Uber driver SSI benefits or SSDI benefits?
Given that Uber does not classify its drivers as full time employees, there is no way for the government to know how much money you make at Uber. Thereore, you can receive SSI and SSDI benefits while driving, and you can continue to earn them and drive at the same time.
How do I receive Uber driver SSDI benefits after an accident?
You must go through the eligibility requirements and file an SSDI claim. If you need assistance, you can inquire with one of our attorneys.
What do I do if I’m in an Uber accident and I can’t drive?
If you have been involved in an Uber accident, you should consider taking legal action to get the compensation you deserve. You can also pursue other benefits programs, like SSDI, to supplement your earnings. None of these claims will interfere with one another.
We recommend following these steps first and foremost if you were in an Uber accident:
- Get medical attention immediately; the longer you wait, the more injured you can become, and the more likely it is that the company will refuse to give you assistance – the gap in time between the injury and the treatment should be nearly nonexistent
- Take numerous pictures of your injuries to showcase the extent of the damages, especially if you started to heal
- Take photographs of the damage to your car, the scene of the accident, the damage to the environment, the other vehicle involved in the incident, and more
- Interview any eyewitnesses who were present and who saw the accident happen; this can include other drivers, pedestrians, and even passengers in the car – the more evidence you have from these third-parties, the stronger your claim will be
- Take a screenshot of the Uber app to show that you were currently working, that you had a destination or that you had a passenger in the car
- Request a copy of the police report if there were injuries and law enforcement conducted an investigation; this report must first be finalized and can then be requested from the station
- File an incident report with Uber to alert them to the incident
- Contact expert attorney with experience in Uber lawsuits for more assistance with your claim
If you were injured to the point that you cannot drive, you can pursue SSDI benefits.
Where can I find an Uber driver SSDI lawyer?
When searching for an Uber SSI lawyer, you should make sure that you are seeking an expert in the field. At our law firm, we have been fighting Uber since the company debuted in California. We have always put the rights of passengers and drivers on a pedestal, fighting for their deserved compensation after accidents and pursuing state benefits where necessary. We have taken on discrimination claims and assault claims against Uber as well.
Normandie Law Firm: Attorneys with Experience in Uber Driver SSDI Lawsuits
At Normandie Law Firm, we pride ourselves on being the primary legal group for all Uber-related lawsuits. We will secure you benefits, compensation, restitution, and more, no matter what kind of claim you are filing. Our attorneys have been in the legal field for years and we have decades of combined experience. We have collectively won hundreds of millions of dollars from Uber, and we will always aggressively fight until we are satisfied with the result. We are always willing to go to trial if we must to defend your case in front of a judge and jury.
If you are already embroiled in a lawsuit against Uber or if you have an attorney who is working on your unemployment or disability claim, you might not be satisfied with the results. Our law firm offers free second opinions to all individuals who want additional information and an objective look at where their cases are, and where the cases are headed. If we believe your current attorney is not doing enough to act in your favor or if he is not competent enough to win your claim, we will recommend an alternative route. If you wish to switch representation and come to our firm, we will gather all your evidence and ensure that your case is swiftly handled.
For our clients who do not speak English, we have an array of Spanish speaking attorneys who can help you with your case. You should not be deterred from pursuing unemployment, disability insurance, or other restitution just because of your language. We will ensure that the legal process is painless.
To receive a free legal consultation on your claim, contact our law firm today. We will answer all of your questions, tell you how we plan to move forward, and more. We are available 24 hours a day, 7 days a week, 365 days a year. All of your case details will be kept totally confidential, as well. Your private information will not be shared elsewhere.
If you hire us, we will also give you our zero fee guarantee on your claim. We work on contingency and we do not charge until we win your case, at which point the settlement is the well from which we draw our payment. Your finances are never compromised or touched during the legal process. If we lose, you are debt-free to our firm and we eat the losses ourselves.
Contact Normandie Law Firm today if you need assistance with any Uber SSDI lawsuit, Uber unemployment lawsuit, or Uber injury claim.
