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  • Jurydoctor@aol.com
    taxi drivers are independent consultants, not employees of the taxi company. Worker s comp does not apply In a message dated 8/29/2007 5:25:57 AM Eastern
    Message 1 of 1 , Aug 29, 2007
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      taxi drivers are independent consultants, not employees of the taxi company.
      Worker's comp does not apply

      In a message dated 8/29/2007 5:25:57 AM Eastern Daylight Time,
      infoguys-list@yahoogroups.com writes:

      How about this analogy (from my daughter)
      > A taxi driver notices a mechanical problem on the taxi he uses 12 hours a
      day.
      > He makes attempts for the cab owner to fix it. He can not earn $ unless
      this
      > cab is operational. He repairs it himself. The taxi stalls, the taxi
      driver
      > gets rear ended and is hurt. Who is at fault?
      >
      What part of WC don't you understand? An employee injured during the
      course of his employment collects WC and that is it. He cannot sue the
      employer because of his/her (the employer's omissions, errors, etc.) nor
      can the employer avoid responsibility under the WC laws simply because
      the injury was the result of the employee violating policy or safety rules.

      Example. Anystate has decreed that an employee losing one hand
      (amputation) will be compensated in the amount of $50,000. Joe SixPack
      works on a piece of equipment that the employer KNOWS has defective
      safety interlock equipment. He loses his hand. He gets $50,000
      PERIOD! Betty SixPack, Joe's wife, thinks this is a pretty cool deal
      and has a spare hand. She figures together she and Joe can go to the
      casino with their WC settlement and be set for life. Betty DISCONNECTS
      all the safety equipment on her punch press, slides her hand beneath the
      press and triggers it. Her hand becomes an ashtray. She also gets
      $50,000 and that's it.

      In SOME instances a worker MAY have recourse against a third party -
      typically in construction cases - where there is a duty by a 3rd party
      to provide and maintain a safe work ground but these are very hard to
      prove since the 3rd party also has to take over the direction of the
      injured laborer's job. That doesn't happen very often in the trades.





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