For work related car accidents, in order to be eligible for workers’ compensation benefits in New York, the injury must be work-related. This means that the accident occurred while the employee was performing official job duties or on a work-related mission. Whether the employee was driving a company vehicle or their own personal vehicle for work purposes, such as making deliveries or commuting to off-site jobs, the accident may qualify for New York workers’ compensation benefits. It is important to note that commuting to and from work is generally not considered work-related, and injuries sustained during these times would not be covered.
Filing a NY Workers’ Comp Claim for Work Related Car Accidents
The process of filing a workers’ compensation claim for a car accident injury in New York is similar to other work-related injuries. The first step is to report the injury to your employer as soon as possible and seek medical attention. Your employer will provide you with a workers’ comp claim form that you need to fill out and submit to the workers’ compensation board or your employer’s insurance carrier. The form should include detailed information about the accident, the nature of your injury, and any medical treatment you have received. It’s critically important that you attach any relevant medical bills or receipts to support your claim.
Instances Where Workers’ Comp May Not Cover Car Accidents
While workers’ compensation generally covers car accidents that occur during the course of a person’s work, there are certain circumstances where this may not apply. If the employee was engaged in criminal activity, such as driving under the influence of alcohol or drugs, committing a robbery, engaging in prostitution, or purchasing illegal drugs, the employer may be exempt from providing indemnification for the injuries. Additionally, accidents that happen during the employee’s commute to and from work are typically not covered by workers’ compensation. Independent contractors should also review their contracts carefully, as they may not be eligible for workers’ comp benefits in the event of a car accident.
No-Fault System and Liability in New York
New York operates under a no-fault system with regard to workers’ compensation. This means that employees do not have to prove that their employer was at fault for the accident in order to file a claim. Even if the employee’s own negligence caused the accident, they can still file a workers’ comp claim. However, if others have suffered damages due to the employee’s negligent actions, they may choose to file a personal injury lawsuit against the employee and/or their employer. In such cases, the liability insurance of the employer should protect the employee from having to personally pay for the damages.
Filing a Lawsuit Against a Negligent Driver
If the employee sustains injuries due to the negligence of another driver, they may be able to file a personal injury claim against that driver in addition to filing for workers’ compensation benefits. This may be appropriate if the employee experiences ongoing pain, significant changes in lifestyle, lost wages, or other damages that are not fully covered by workers’ compensation. With a personal injury claim, the employee may be able to recover compensation for property damage, pain and suffering, emotional distress, and other non-economic damages. The severity of the injuries and the impact on the employee’s life will play a role in determining the amount of compensation they may receive.
Dealing with Workers’ Compensation Insurance Companies
When filing a workers’ compensation claim for a job-related car accident injury, it is not uncommon to face substantial challenges and roadblocks thrown up by insurance companies. They may try to minimize benefits or even deny the claim altogether. This is where the expertise of an experienced New York workers’ comp attorney can be invaluable! A skilled Syracuse NY workers’ comp lawyer can help the employee properly fill out the claim form, gather necessary evidence, and negotiate with the insurance company for a fair settlement. If the claim is denied, the attorney can represent the employee in court and fight for their rights.
At McMahon Kublick, PC in Syracuse, we typically handle these cases on a contingency fee basis, meaning that the injured employee PAYS NO ATTORNEYS’ FEES unless our workers’ comp injury attorneys win or settle your case.
Seeking Legal Representation for Workers’ Comp Claims
Navigating the workers’ compensation system in New York can be complex, especially when it involves motor vehicle accidents. It’s important to seek legal advice and representation as soon as possible after a car accident at work to ensure that proper procedures are followed, and that you, the employee, receive the benefits to which you are entitled. The expertise of our Syracuse Workers’ Comp Lawyers can make a significant difference in the outcome of the claim and your ability to recover lost wages and medical expenses.
Experienced Syracuse Worker’s Comp Lawyers
On the job car accidents that occur during the course of your work can qualify as work-related injuries and may be eligible for workers’ compensation benefits in New York. It is critical that you understand the eligibility criteria, file the claim correctly, and navigate the complexities of the system. Seeking legal representation as soon as possible from an experienced team of Syracuse Workers’ Compensation legal team can significantly increase the chances of receiving fair compensation and ensure that your rights are fully protected.
If you have been injured in a car accident while on the job in Syracuse or elsewhere in New York, please reach out to our Syracuse workers’ comp team who can guide you through the process and fight for your rights.