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Concurrent Employment of Lyft Driver Injured in Collision Not Included in Claimant’s Wages

Case Study

Concurrent Employment of Lyft Driver Injured in Collision Not Included in Claimant’s Wages

November 12, 2019

A New York State man who had to take time off after he was injured in a collision while driving for Lyft in May 2019 isn’t eligible for additions to his weekly wages for a second job, according to a workers’ compensation administrative ruling October 19, 2019.

The decision is a victory for Goldberg Segalla associate Mark A. Hauck, a member of the firm’s Workers’ Compensation practice group who was defending a New York-based nonprofit organization that provides Workers’ Compensation insurance for for-hire drivers.

Mark’s experience defending complex claims paid off. Because of the nature of the Lyft driver’s other work—he’s also a linguist government contractor that got its start providing translators and interpreters—Mark had to navigate the vagaries of New York law and what sorts of employment it covers. He also had to understand compensation coverage and exclusivity under the Defense Base Act, a federal law that extends workers’ compensation protection to civilians doing military or defense work overseas for the U.S. government.

The claimant, who allegedly injured his head and back in a motor-vehicle accident in Rochester, required medical treatment and had to take time off from work. Because of his overseas work, he sought to add $800 a week to his Lyft wage of $1423.08 in his workers’ compensation claim. At risk of having to cover those extra wages was Mark’s client.

But Mark successfully argued that the claimant’s other employment was not covered under New York State workers’ compensation law and also not concurrent with the employment of record.


 The mission of Goldberg Segalla’s Workers’ Compensation practice group is to achieve significant and sustainable reductions to the overall expense of each client’s workers’ compensation program. The firm’s commitment to this mission—and its success in efficient file handling as well as long-range strategic risk-management—has earned it a national reputation for exceeding its clients’ expectations and driving positive change in the practice of workers’ compensation law.