No workers comp benefits due taxi driver after being shot by passenger

taxi on street

From Business Insurance — 

A three-judge panel of the North Carolina Court of Appeals [found]… that Mr. Ademovic was an independent contractor for Taxi USA and could not receive workers comp for his shooting injuries.

Though Taxi USA had some control over aspects of Mr. Ademovic’s work, such as the equipment he used while driving, Mr. Ademovic had autonomy that showed he was not a Taxi USA employee, the court found.

Taxi USA “did not pay plaintiff any wages, but plaintiff paid defendant Taxi (USA) a weekly flat franchise fee of $195.00,” the ruling reads. “Defendant Taxi did not determine the number of days or the number of hours plaintiff worked, instead allowing plaintiff to determine his own work schedule. In addition, plaintiff was not required to use defendant Taxi’s dispatch services to pick up fares. Plaintiff was free to accept hailed fares, go to taxi stands to pick up customers, or obtain personal customers.”…”

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