
Q: While making deliveries for work, I was injured in a car accident. Who will pay my lost wages and medical bills?
A:
In New York, because you were working at the time you were injured in the car accident, you will receive Workers Compensation benefits to cover your medical bills. Workers Compensation will also pay 2/3 of your average weekly wages while you are out of work. On top of this, you may also make a claim against the insurance carrier for the car you were injured in for no-fault benefits, to collect the difference in wage reimbursement between the 2/3 that Workers Compensation pays and the 80% of wage reimbursement that no-fault insurance pays. There are of course limits on what you can collect in lost wages from both Workers Compensation (a maximum of $650 per week) and no-fault insurance (maximum could be either $2,000 per month or $4,000 per month, depending on the level of coverage purchased).
While you cannot sue your employer for the injuries you received in the car or truck accident, you can sue the driver that caused the crash for your injuries.
If you were injured in a car crash while working in or around Livingston County, Monroe County or the southern tier, you must have a lawyer working for you who knows the ins and outs of this very complicated area of law, and who understands the interplay between your Workers Compensation case and your auto accident case.
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