I am about to get surgery for carpal tunnel realease. Dr says I will be off work for two weeks from my full time job, I however drive for uber for a little extra income, can I still drive without violationg anything on my workers comp. I am a Nevada (Las Vegas) resident however the claim was filed and its been assigned to California because I work out of state. Also my boss removed a cash bonus the same day they sent me to the doctor, is workers comp suppossed to compesate for that also. Nevada attorney says I need an attorney in California but I travel alot for this Job if anyone is interested please let me know, I believe I have been retaliated against ever since they asked me to open up this claim. I see it as a way to get rid of me. Thank you beforehand.
As long as it is within your work restrictions you can work. You will want to be cleared to drive from your doctor. If you do work for Uber or anyone else while your doctor says you are temporarily disabled you will need to report the income or it can be considered fraud. The work comp carrier will be entitled to an offset for earnings you receive against temporary disability payments. It sounds as if there is also an earning issue which can effect how much your work comp payments are. Attorneys cannot solicit clients. Since you reside in NV, you should consult with an experienced work comp attorney in the area where you were injured, primarily work, or where the employer is located. You can use the find a lawyer tab on AVVO.
Use the find a lawyer section to locate an attorney in the area that is assigned the claim. You can also go to CAAA.org to find an attorney, as that is the organization for attorneys that represent the injured party in California
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
While I agree with the advice my colleagues already provided, I just want to add that you definitely should discuss this with your doctor. Driving after having surgery on your wrist may adversely affect your healing from the surgery, and may be dangerous to yourself, your passengers, and others on the roadways.
There is no problem of fraud as long as you report to your doctor and attorney that you are working either full or part time. However, make sure you get medical clearance to work and drive through your primary treating doctor. Finally, if you were getting bonuses before, then that should also be calculated within your average weekly earnings to determine your proper temporary disability rate and permanent disability rate as well. Even though you live in NV, any competent workers comp attorney willing to work for you would be able to handle your case. I wish you the best!
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