Worker's Comp as a Taxi Driver Driving a taxi may be just another job, but each job comes pre-packaged with occupational hazards unique to the field. If you’re a taxi driver and you fall victim to these hazards, what would happen to your family? Could you provide food and shelter? Your monthly bills won’t stop just because you can’t work. Fortunately, there is help if you are an employee of a taxi service. For taxi drivers injured on the job, most employers are required by state law to provide workers’ compensation insurance. This insurance does not come out of the pockets of the hard-working taxi driver. The insurance is provided by employers at no cost to you. What Are the Benefits of Workers’ Compensation? Workers’ compensation lends a helping hand to taxi drivers who get hurt on the job or who get sick because of their working environment. When you file a claim, you get assistance with your medical bills, prescriptions, surgery (if needed), therapy, and other items to help you get well. In addition, it also provides for a portion of your lost wages. Workers’ compensation is a safety net. Distinct Hazards to Taxi Drivers Taxi drivers can collide with a variety of distinct occupational hazards. If you’re zipping through the bustle of traffic and another vehicle rear-ends you, there’s a chance that you’ll end up injured. Do your clients like to smoke? Exposure to secondhand smoke can cause cancer and COPD. Secondhand smoke has killed more than two million nonsmokers since 1964. Pretend that you’re in a rush and you slam your hand in the door. Depending on the force behind your swing, you could either end up with a bruise or the bones in your hand could be utterly shattered. The risks faced by taxi drivers are quite real. Did Something Happen? Follow These Steps The circumstances of your injury are largely irrelevant; you are entitled to receive help from workers’ compensation. Fault doesn’t matter. Workers’ compensation is a right. You should follow these steps to get the help you need: Immediately inform your supervisor or dispatcher of the incident responsible for your injury. You should not wait until your shift is over or you’re done sorting your collected fares. You must inform your employer as soon as possible. This protects your legal rights and is an important part to filing your workers’ compensation claim. Fill out an accident report; the sooner, the better. Ask your supervisor, dispatcher, or OSHA rep if you need assistance with the report. If your injury is severe, such as a head-on collision, do not hesitate to call 911. You should also procure a report number from the responding officer. You can get a copy from the police station. Get medical attention as soon as you can. If you have injured your hand, received a concussion from an airbag, or if you are bleeding, do not hesitate. Treating your injuries is crucial. If the injury is small, such as a sprained wrist, you should visit the doctor listed on the workers’ comp policy. Using that doctor means you’ll pay nothing out of pocket, but you still have the right to visit your own doctor. Keep in mind that this means paying with your own money or insurance. Keep all receipts related to your medical bills. Even if the taxi company that hired you seems to be on your side, their insurance company will attempt to settle your claim for as little as possible. Don’t talk to the adjustor on your own or you could sign away your legal rights. A workers’ comp attorney can assist you in getting the compensation that you rightfully deserve, so it's a good idea to reach out to one. Evidence Needed For a Claim as a Taxi Driver Taxi drivers who work for an employer should be covered by workers’ compensation, but their type of work does make a claim if injured while on the job uniquely more complicated. Insurers who are used by the taxi driver’s employer to provide workers’ comp. insurance need to be reassured that the injury happened while the taxi driver was legitimately working, Sometimes claims are made when the driver is driving to and from home or while not on a shift. If the taxi used is only used when the driver is at work, then this at least can partly be used to provide evidence of a workplace injury. However the accident happened, the driver must inform his supervisor or taxi business owner that the accident happened, giving details of when it happened, how it happened, where it happened and what the injuries were. Damage to the taxi should be included, although this is not strictly anything to do with workers’ compensation. Other evidence needed could include: Photos taken at the injury location, e.g. of any damage done to the taxi, positions of the taxi and anything else that was involved in the crash. A police report if the police arrived to investigate. This is normally the case if there was an injury. Eye witness statements, e.g. from passengers if they were in the taxi at the time of the accident and any other eye witnesses who saw the accident. A doctor’s report describing the injuries. Any documentation showing medical attention and anything you have had to pay out for related to the injury. Note that this is not a personal injury claim against your employer. You are generally covered in a workers’ compensation insurance situation even if you were at fault. Average Workers’ Comp. Settlement for a Taxi Driver Taxi drivers often work in challenging situations and face injuries every day they work. The number of possible injuries is huge and could vary from a deep gash on the face to broken teeth to a rib injury, head injury, broken arm etc. The following is one simple example and it must be emphasized that it is only one of many possible scenarios. Taxi driver Joe is involved in a head on crash in a busy city street. He has a few cuts and bruises but the main injury is a wrist injury. He gets bandages, medication, including painkillers, and his wrist is x-rayed. Surgery isn’t necessary, but his wrist is securely bandaged in a sling and he is told he cannot drive until it improves. That takes two weeks. The calculation of his WC claim is broken down below: Doctor’s fee: $150 Bandages: $50 Medication:$100 X-rays: $250 Examination by hospital doctor (2 visits): $300 Total medical costs: $850 (1) Earnings normally obtained for time off work: $1,200 per week for 2 weeks Total earnings claimed: $2,400 x 0.66 = $1,800 (2) Total WC claim: (1) + (2) = $2,650 Calculating Workers’ Comp. Settlement Workers’ comp. settlements are restricted to a combination of full medical costs and a percentage of what might have been lost in earnings because of the injury. There are no such things as ‘pain and suffering’ or other non-economic payments. Medical costs include the doctor’s fee(s), the costs of tests, scans, x-rays etc., all medications for both pain relief and prescriptions, hospital treatment including hospital accommodation if kept in overnight or for a days, surgery, anesthesia, ambulance and future costs if there is a long term injury involved. Compensation for lost earnings depends partly on the state you work in and also how you earn a living. Taxi drivers often have varied agreements with their employers. Most states stipulate a maximum of around two thirds of lost earnings that might have been expected. This may be calculated by working out an average of your past month’s earnings and extrapolating based on lost days work. To give an example, if you earned $4,000 pre tax in the last month and are off work for a week, then you may be entitled to claim two thirds of $1,000 (i.e. a quarter of a month) = $667. Nelson V. Yellow Cab Co. In the Nelson v. Yellow Cab Co. case, Dennis Nelson, a driver for the Yellow Cab Co., was murdered while on the job in January of 1998. His estate filed for workers’ compensation benefits. While there was a dispute about whether Nelson was an independent contractor and therefore not entitled to benefits, Nelson was found to be an employee and therefore entitled to workers’ comp. His estate received the benefits. Protect Yourself If you are sick or injured as a taxi driver, you need the legal expertise of a qualified workers’ comp attorney to protect yourself and your family. Speak with an experienced workers’ compensation attorney to get the compensation you deserve.
