Workers’ Compensation 1 : Taxi Driver

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Q: I lease a taxicab and was injured in an automobile accident while driving it.  My no-fault insurance carrier denied me first-party benefits on the ground that I was injured during the course of employment – with the lessor – and directed me to seek workers’ compensation benefits.

A: At a Workers’ Comp hearing, one question will be whether drivers are mentioned in the leasing agreement.  Did either party intend for taxicab operators to be employees of the lessor?  Were you on the lessor’s payroll?  Was the lessor legally entitled to hire taxicab operators?  Or, to the contrary, had the lessor informed you that its compensation carrier would not pick up operators as employees?

The no-fault carrier will be allowed an opportunity fully to participate in the hearing that determines your employment status – examining and cross-examining witnesses and engaging in discussions with the WCLJ.  If the WCL Judge finds that no, you were an independent contractor rather than the lessor’s employee, then the no-fault carrier will be allowed to appeal.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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