By Lee Alhambra
Driving a taxi is one of the most hazardous occupations in America. Cab drivers spend the entire work-shift navigating the bustling streets and highways of major metropolitan areas and thus are subject to an increased risk of motor vehicle accidents. Back, neck and shoulder injuries from loading and unloading passengers' luggage and packages are also common injuries among cab drivers. Overuse and repetitive trauma injuries such as carpal tunnel syndrome also occur as result of the repetitive nature of the job (i.e. forceful gripping of the steering wheel and repetitive lifting).
Additionally, cab drivers are subjected to the ever-present threat of assault, robbery and even homicide. According to the National Institute for Occupational Safety and Health, cab drivers along with correctional and police officers face the greatest risk of violent crime in the work place. Such attacks not only result in physical injuries but may also result in significant psychological trauma, which is also covered by the Illinois Workers Compensation Act.
Under the Illinois Workers' Compensation Act, drivers who sustain injuries that arise out of and in the course of their employment are eligible for workers' compensation benefits. If the injury results in lost time from work, the Act requires the employer to pay lost wages as Total Temporary Disability (TTD) benefits, equal to two-thirds of employee's average weekly wage. Employers are also required to pay all the medical bills for treatment for a work injury. The employee may also be entitled to an award/settlement for any permanent problems or symptoms from the injury. However, to be eligible for these benefits you must first show you are an "employee".
Cab drivers seeking workers' compensation benefits for their injuries are often confronted with the claim that they are not eligible for workers' compensation benefits because they are an independent contractor, not an "employee." In cases involving cab drivers the determination whether the worker is an independent contractor or an employee is often fought in court. A common misconception is that a contract or lease, which states that the individual is an "independent contractor", is the final word on one's employment status. How your employer or a contract labels you is not the final word; it is only one of many factors that the court considers.
Important factors Illinois courts often consider in determining whether an individual is an employee or is an independent contractor are whether the employer:
•· supplies materials and equipment
•· requires the worker to wear a uniform
•· prohibits the individual from working for other companies
•· provides job training or instruction
•· withholds income and social security taxes from compensation.
The most important factor that courts look to is the degree of control the employer has over the worker. The general rule is the more control the company asserts over the driver, the more likely that the driver is an "employee." In cases involving cab drivers, particular weight is given to the following factors in determining the issue of control:
•· whether the driver accepted radio calls from the company
•· whether cab and radio repairs were performed by the company
•· whether vehicles were painted alike with the name of the company and its phone number on the vehicle
•· whether the company could refuse the driver a cab
•· whether the company has control over work shifts and assignments
•· whether the company requires the driver to purchase gas from the company
•· whether repair and tow service is supplied by the company
•· whether the company has a right to discharge the driver or cancel the lease without cause
•· whether the lease contains prohibition against subleasing the vehicle.
In most cases some factors will favor the determination that the worker is an "employee," while other factors may point to the determination that the individual is an "independent contractor." In determining the nature of the employment relationship, the courts examine the total circumstances of the business relationship. If you have been injured on the job it is important that you consult with an injury attorney to evaluate your legal rights. Otherwise, you could be missing out on the benefits provided by the Illinois Workers Compensation Act.
Contributing author Lee Alhambra, is an attorney with Woodruff Johnson & Palermo Injury Law Offices 877-202-4221.
