Can I Drive For Lyft While On Workers’ Comp?

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Can I Drive For Lyft While On Workers' Comp?

Michigan lawyer discusses side jobs and differential wage loss benefits under workers’ comp.

We always tell our clients to work if physically able. Workers’ comp should continue paying medical bills and differential wage loss benefits. Settlement is also a good option before starting a new job. Here is why you can drive for Lyft while on workers’ comp.

Workers’ comp pays wage loss benefits to employees hurt on-the-job. The amount is 80% of an employee’s after-tax average weekly wage. This is calculated using the highest 39 paid weeks during the 52 weeks before getting hurt. Overtime, discontinued fringe benefits, and even second jobs should be included in the average weekly wage calculation. A good rule of thumb is 60% of gross wages should be paid. Make sure to check with an experienced lawyer if the weekly rate seems too low.

Employees who are claiming wage loss benefits under workers’ comp must perform a good-faith job search. The search should not be limited to past work but any job an employee might otherwise be qualified or trained to perform. This is a requirement under Michigan law! It does not matter if a person is still technically employed or has been found disabled by the Social Security Administration. A good-faith job search can also be used as evidence that no other employment is available or pays maximum wages.

Drive For Lyft While on Workers’ Comp: How It Works

If a person starts to drive for Lyft while on workers’ comp or finds another lesser paying job, they could still be owed differential wage loss benefits under workers’ comp. This is calculated based upon 80% of the difference between the person’s after-tax weekly wage before the injury and the after-tax weekly wage the person earns now.

Here is an example of how it works: Bob Jones was hurt on-the-job and was earning an average of $800 per week. He is entitled to 80% of the after-tax average weekly wage under workers’ comp. Based upon a tax filing status of married/joint and two dependents, his weekly comp rate is $520.22. Bob Jones start to drive for Lyft while on workers’ comp and earns $400 per week. 80% of the after-tax value of $400 per week is $282.53. He should still get differential wage loss benefits equal to $237.69.

Post-Injury Wage Earning Capacity

Insurance companies can also use post-injury wage earning capacity (PIWEC) to say a person can earn other wages. These “phantom wages” can be used as a credit regardless of whether a new job is obtained. A vocational expert hired by the insurance company will testify about transferable skills and perform a labor market survey.

Watch out because PIWEC is not always a fair assessment and it is ripe for insurance company abuse. Make sure to contact an experienced workers’ comp lawyer if you drive for Lyft while on workers’ comp and not getting differential wage loss benefits under workers’ comp.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.

Related information:

Does Workers’ Comp Affect Social Security Retirement Benefits?

Can I Drive For Lyft While On Workers\' Comp?
Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

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Get Help From our Michigan Workers’ Comp Lawyers Today

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Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

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Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.