New York City Work-Related Car Accident Lawyers
Workers’ Compensation for Work-Related Vehicle Accidents
Whether you drive for a living or were simply running an errand on the job, a work-related vehicle accident can have significant physical, emotional, and financial consequences. Workers who are injured in car accidents that occur “on the clock” could be entitled to workers’ compensation in addition to (or in place of) no-fault car insurance benefits.
If you were injured in a motor vehicle accident while you were working, we encourage you to reach out to our team at Schotter Millican right away. Filing a workers’ compensation claim after an auto accident can seem complicated, but it doesn’t have to be. With our New York City work-related car accident attorneys by your side, you can focus on your physical recovery while we handle the numerous legal aspects of your case.
Common Work-Related Vehicle Accidents
On-the-job car accidents don’t just affect professional drivers. Anyone who operates a motor vehicle in the course of their employment or while carrying out duties that benefit their employer could be involved in a work-related vehicle accident. In fact, the U.S. Bureau of Labor Statistics (BLS) reports that transportation incidents, including motorized vehicle accidents, were by far the leading cause of work-related fatalities in 2019—a trend that we have seen year after year in the United States.
Work-related motor vehicle accidents commonly affect the following types of workers:
- Truck drivers
- Bus drivers
- Train operators
- Public transportation and mass transit workers
- Rideshare (Uber, Lyft, etc.) drivers
- Taxi drivers
- First responders, including ambulance drivers, paramedics, EMTs, firefighters, and police officers
- Limo drivers
The BLS noted that more than half—56 percent—of work-related motor vehicle accident fatalities in 2019 did not involve workers employed as professional vehicle operators. These incidents frequently involved pedestrians and other workers who were struck by motor vehicles, as well as operators of various forms of non-automobile motorized vehicles, such as construction vehicles, industrial vehicles, and agricultural vehicles.
Workers’ Compensation & No-Fault Insurance
If you are injured in a motor vehicle accident while you are working, you are likely entitled to workers’ compensation. In New York, workers’ compensation benefits take precedence over no-fault insurance benefits, which are available to any insured individual involved in a motor vehicle accident in New York. This means that your first course of action after a work-related car accident should be seeking workers’ compensation.
However, in some cases, it may be possible to recover no-fault car insurance benefits in addition to workers’ compensation benefits. No-fault benefits can be used to make up the difference between workers’ compensation limits for lost wages and what the individual would be able to recover by filing a no-fault claim.
For example, if you are injured in a work-related motor vehicle accident, leaving you completely unable to work, you are entitled to 2/3 your average weekly wage under the state’s workers’ compensation laws. If your average weekly wage is $2,000, this means that you can receive $1,333 (with a disability rating of 100 percent) as your weekly wage replacement workers’ compensation benefit.
Additionally, New York no-fault insurance allows you to recover 80 percent of your lost wages after a car accident. Using the same average weekly wage of $2,000, this equates to $1,600/week. The difference between these two amounts ($1,333 and $1,600) is $267, meaning you could be entitled to an additional $267 per week in supplemental no-fault insurance benefits.
Our New York City work-related car accident attorneys can review the specifics of your case to determine whether you are entitled to additional lost-wage payments through the state’s no-fault insurance system. We leave no stone unturned when it comes to pursuing all possible sources of compensation for our clients.
What Workers’ Compensation Benefits Are Available to Car Accident Victims?
In New York, workers’ compensation provides specific benefits to eligible employees who are injured in workplace accidents, including motor vehicle accidents, or those who suffer job-related injuries or illnesses. Although every case is different, it is important to be realistic about what benefits you may be able to recover after an on-the-job car accident.
By filing a workers’ compensation claim after a motor vehicle accident, you may be able to recover compensation for the following:
- All medical expenses related to your injuries, including hospital fees, co-pays, medication costs, and expenses related to surgery, rehabilitation, and other treatment
- Temporary and/or permanent wage replacement benefits calculated by your average weekly wage, your impairment rating, and other factors
- Reimbursement for miscellaneous out-of-pocket expenses and other costs related to your injuries, such as travel to and from medical appointments
If your loved one tragically died due to a work-related vehicle accident, you could be entitled to workers’ compensation death benefits. These benefits are meant to assist surviving family members with funeral costs and provide payments for lost income, as well as various other expenses related to the workers’ death.
Can My Employer Fire Me For Getting Into a Car Accident?
Employers have a varying thresholds for when they will let go of an employee after a car accident, but unfortunately, you can be fired for the incident, even after you receive workers' comp. The risk for that is higher if you caused the accident or this was not your first accident on the job. Currently, Uber has a rule for termination that specifies there should be no more than two accidents in a three-year span. You must report car accidents to them.
You cannot, however, be fired for simply trying to recover workers' comp or no-fault insurance.
Protecting the Rights of Injured Workers
The attorneys at Schotter Millican have been proudly representing injured workers in Brooklyn, Manhattan, Queens, and the surrounding communities for decades. We are passionate about protecting workers’ rights and even have a full team of videographers on staff who go with our clients to their independent medical examinations (IMEs) at no additional cost. Our goal is to keep doctors and insurance companies honest while simultaneously leveling the playing field for the injured and the disadvantaged.
If you were injured in a work-related car accident and need help filing a workers’ compensation claim, reach out to our team today. We can assist you in English, Spanish, or Polish and provide free consultations in person or over the phone.
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