For those injured in a work related car accident, the first question is usually whether or not it will be covered by Workers’ Compensation or no fault.
The claims should be promptly filed with both Workers’ Compensation insurance carrier and the no fault insurance company. This is because both parties can be liable in such a case.
Workers’ Compensation is primary which means that it is there responsibility to provide the first level of coverage for your lost wages and medical expenses. However, the no fault carrier provided secondary coverage which means that in certain circumstances they would be liable for medical expenses or additional lost wage payments.
A common example of this occurs in circumstances where the Workers’ Compensation carrier makes payments at the total disability rate which is only 2/3 of the injured parties’ average weekly wage. However, under the no fault law up to 80% of the lost wage payment can be recovered. This means that the no fault carrier may be liable to pay the difference between the 2/3 that Workers’ Compensation is paying and 80% maximum rate allowed under no fault.
If you have questions regarding your rights under the New York State Workers’ Compensation Law or whether a viable 3rd party lawsuit may exist, we would be happy to speak with you regarding your specific situation.