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Work-Related Car Accident Claims

New York City Work-Related Car Accident Lawyers

Fighting For Work-Related Vehicle Accident Victims in New York

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, LLP 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.

For a free case review, call our work-related car accident attorneys in New York City at (718) 550-0610 or contact us online using our secure submission form. Hablamos español; mowimy po polsku. 

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.

Common Injuries in Work-Related Car Accidents

Common injuries include:

  • Whiplash and Neck Injuries: Sudden movements during a collision can cause significant strain on the neck, leading to whiplash. This condition could lead to chronic pain and limited mobility.
  • Back Injuries: The impact of a car accident could cause herniated discs, spinal cord injuries, and other back-related issues. These injuries often demand extensive medical treatment and rehabilitation.
  • Head and Brain Injuries: Traumatic brain injuries (TBIs) are serious and can result in lasting cognitive and physical impairments. Even a mild concussion needs careful monitoring and treatment.
  • Broken Bones and Fractures: The force of a collision can easily cause fractures in the arms, legs, ribs, and other parts of the body. These injuries could require surgery and prolonged recovery periods.
  • Internal Injuries: Damage to internal organs is a severe consequence of high-impact accidents. These injuries are often not immediately apparent and require thorough medical examinations.
  • Psychological Trauma: The emotional and psychological effect of a work-related car accident can be profound. Anxiety, depression, and post-traumatic stress disorder (PTSD) are very common among accident victims.

Steps to Take After a Work-Related Car Accident

Here’s what you should do after a car accident:

  • Seek Medical Attention: Your health is the number one priority. Even if you feel fine, getting a medical evaluation to rule out any hidden injuries is important.
  • Report the Accident: Make sure to notify your employer about the accident as soon as possible. This is crucial for filing a workers’ compensation claim.
  • Document Everything: Collect all evidence from the accident scene, including pictures, witness statements, and contact information. Keep records of your medical treatments and costs.
  • Consult a Lawyer: Contacting a knowledgeable work-related car accident lawyer is essential. They can help you navigate the intricate legal landscape and ensure your rights are protected.

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.

Contact Our Work-Related Car Accident Attorneys in New York City Today

The attorneys at Schotter Millican, LLP, 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.

Submit a free online case evaluation form or call our New York City work-related car accident lawyers at (718) 550-0610.

Why Choose Schotter Millican, LLP?

  • We'll Be Your Resource
    Workers' Compensation can be confusing, but we're here to make sure you have everything you need.
  • When Others Quit, We Persist
    We'll push farther for our clients - when other firms may throw in the towel, we'll dig in deeper.
  • Activism Backed With Heart
    We have been involved in worker activism for decades, and we care deeply about you and your case.
  • We're Used to Winning
    Our attorneys have a long history of large appellate wins, so you can feel confident in our experience.
  • Videography Training for IME

    You will be trained by us to know how to videotape the independent medical examinations (IME) to protect your rights.

  • We Take Complex Cases
    We're not afraid of a challenge, and we'll use our experience to win even the most complicated cases.

Contact Schotter Millican, LLP Today!

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