Los Angeles, CA asked in Workers' Compensation for California

Q: I am receiving Worker's Comp. temp. perm. disability. Can I drive for Uber while disable? I am just driving

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2 Lawyer Answers
Ruben Montoya
Ruben Montoya
Answered
  • Workers' Compensation Lawyer
  • TUSTIN, CA

A: You can if doctor permits it and you are complying with restrictions. However once you work you are no longer temporary TOTALLY disabled and your payments will be deducted or stopped. If you make less driving than what you did at your job you got injured on you can make an argument that they should be liable for the 2/3 of the difference. Hope that answered your question. Good Luck

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: There is no such animal as 'temporarily permanently disabled". You're disability is either Temporary or Permanent but it can never be both.

If you are Temporarily PARTIALLY Disabled, meaning a doctor said you could do some light work with certain restrictions but the boss didn't have any such work so sent you home, then you could do you second job WITHIN THE TEMPORARY RESTRICTIONS only. (If the temporary work restrictions are 'seated work only', then driving Uber is just fine... but if the temporary restrictions were 'no repetitive flexion of wrists and no repetitive neck flexion" then driving requiring wrists to turn and neck to look to your side is against doctor's orders.)

IF you are Temporarily TOTALLY Disabled, then the doctor has determined you cannot perform any work for anybody temporarily while you heal, you should not be earning any money doing anything...you should not be driving for Uber if the doctor wrote you are TTD, Temporarily Totally Disabled.

If you are Permanently Disabled, you have some disability that will be will you always but it'sjust 15 or 25% and your boss is looking for a new permanent job for you and the permanent work restrictions don't have any restrictions against driving, then you can drive for Uber.

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