@The Voice In the Wilderness A similar thing happens often in worker's compensation cases -- such as a personal detour while on the way to a job. It depends on how big the detour is and sometimes on whether the personal matter has been taken care of already. But usually the employee driver is considered to be on the job for most detours. Also sometimes on the way to work can be considered to be on the job as well, especially when there is no set place to be when work starts, as is often the case in businesses like construction.

Going to pick up a person for your employer sounds like the driver would be on the job because he is doing something on the employer's behalf. And that is really the critical test. Are you doing something that is beneficial to your employer?

Of course Lyft wants to claim all of their employees are independent contractors. Fed Ex has even done the same with many of its drivers. But most courts are taking a dim view of this because ultimately these drivers do not really have the ability to run an independent business. And even if they get other work from another contractor, it is generally not driving a vehicle for income.

In a liberal state like Illinois, your brother in law should have a better chance of winning than in a conservative state.

Some of you may recall my posting about a Lyft driver running down my brother-in-law in a crosswalk. Unfortunately, Bob will never walk again and can only sit up for limited periods. He needs opioids several times a day now.

The lawyer we engaged says that Lyft claims their drivers are not on the clock unless there is an actual passenger in the car. Going to a pickup doesn't count. The driver is dirt poor and had Illinois minimum insurance $100,000 liability limit. Bob's bills are already over one million dollars in this greatest of all healthcare systems, so he has to be impoverished and become a public charge on Medicaid. Bob inherited 70% of his older sister's house, so that is lost too. A bad end for a loyal prole who served as a combat medic and after the Army "downsized" him out just short of a pension also served as a technician at the VA. A man who always paid his way and served his fellow vets becomes a public charge like a worthless bum with the state of Illinois taking his CSRS pension and SS.

Meanwhile Lyft executives are making how much running their unregulated taxi company?

EDIT: Bob often says he wishes the car had killed him. Between his pain and the financial disaster, he is objectively correct. A bad situation for a man that everyone loved. The waitresses at his favorite restaurant cried when they learned. "That dear sweet man" was one comment.

@snoopydawg

Some programs kick you off if you get just a tiny bit ahead which is a way to keep people in poverty.

The Medicaid limit used to be $3,000, not sure what it is now. We have to account for his money for the last five years. He didn't have a car or credit card. He withdrew most of his money in cash and paid for cash everywhere. Not too untypical for a man born in 1937 and who became an adult in the middle-50's. They have a deep suspicion of banks and an aversion to credit. Now how am I supposed to prove where than cash went?
I can account for all of my money. I track it in MsMoney 2000. Even my small cash expenditures, mostly tips, are annotated. But I'm a numbers freak. There aren't many like me.

They tell us we should buy long term care insurance for this. That would cost $1,400 a month each for my wife and I. That's my entire SS and pension.
Then some smart-ass (R) will say, "You should have bought insurance", instead of "companies with $5.7 billion capitalization should be responsible for their employees who are forced to drive while looking at an app on a smart phone."

get health care is what is wrong with Medicaid and other social programs in this f'cking country!

Bob inherited 70% of his older sister's house, so that is lost too.

Some programs kick you off if you get just a tiny bit ahead which is a way to keep people in poverty.

On the topic of this essay I wish I understood why the bank is willing to lose that much money or why it keeps investing I uber and we work, etc? What do they get out of it?
But it is also what's wrong with the gig economy since the companies don't have to pay for so many things that other companies do. No SS, FICA..taxes and no health care benefits or workers compensation or vacation and sick time, but the CEOs make huge bucks and uber just bought a $70 million house. How many drivers are just doing it to make extra money and how many are relying on government programs?

This country is way past being a banana republic don't you think?