WORKER'S COMPENSATION AND NO-FAULT WAGE AND MEDICAL BENEFITS AFTER MOTOR VEHICLE ACCIDENTS

By Alice Kupferberg, Esq.
Budin, Reisman, Kupferberg & Bernstein, LLP



With all due deference to the many insurance companies that write property and casualty insurance there is a truism about them that should never be forgotten: "Insurance companies are not your friend."

Drivers of livery and medallion cabs are faced with a surprising number of obstacles to collect Worker's Compensation and No-Fault wage and medical benefits after motor vehicle accidents. As a plaintiffs' personal injury attorney I have given up predicting the decisions from the Worker's Compensation Board and No-Fault arbitrators. However, There are ways to minimize the income payment delay and thus the negative impact on your household.

First, it's important to understand how these coverages differ and how you qualify for one and not the other when you are operating a livery or taxi vehicle. Simplistically speaking, Worker's Compensation covers those injured in the "course of employment," and No-Fault insures covers those injured in accidents that do not arise in a 'for-hire' setting.

Worker's Compensation benefits can cover you forever for treatment of related injuries and time out of work; No-Fault covers only $50,000.00 of the out of pocket expenses for medicals and wages. Before you conclude that 'unlimited' is better than $50,000.00, it is important to note that some benefits are easier to collect than others.

As a whole, we find that dealing with the no-fault carriers yields more driver satisfaction than dealing with the worker's compensation carriers. The intricacies of the qualifications and coverages are very fact specific and not fully explicable in an article of this size; suffice to say it is important to see an attorney who specializes in worker's compensation and personal injury. Fortunately, in both areas of law, lawyers are compensated on contingency arrangements so there is no outlay of expense to you, the injured driver.

Wage interference is a frightening consequence of a motor vehicle accident so it is important to be prepared beforehand. Keeping records of your income, formally through tax returns or informally through clear receipts, trip sheets, rate cards, personal diaries, insurance invoices, gas receipts, maintenance records and invoices, even bank deposits or Western Union receipts of cash sent abroad, can help verify and/or bolster a wage claim. Don't assume if you haven't paid annual income taxes you cannot make out a claim for lost wages. If you take nothing else away from this article it should impress upon you that each claim is assessed on its merits.

Yellow cab drivers may have an easier job proving the need for medical benefits and wages as they are required to surrender their TLC license at the Long Island City facility if they are making a claim for Worker's Compensation. With their license they will need to provide a medical disability letter. The submissions should result in the payment of an average weekly wage of around $250.00.

Getting a medical disability letter will require medical follow up with a doctor willing to accept worker's compensation/No-Fault rates for payment. These doctors are not readily available, so a lawyer should be retained as soon as you realize that you are injured and unfit to return to work. Waiting weeks after the date of accident for treatment not only hurts your recovery physically but also financially. Contact a personal injury lawyer as soon as you can and let them guide you through the seemingly endless time sensitive issues, in some cases in as short as thirty days, and medical treatment requirements.

Interestingly, livery vehicles are where we see a wide array of workers' compensation Board decisions. Owner operated or single driver livery vehicles are not always used in the "course of employment" and as such worker's compensation does not always apply. Further, plaintiffs often argue that without "base" control of a driver's hours, fares, vehicle or personal appearance there is no employer/employee relationship for worker's compensation coverage and thus the No-Fault carrier should be responsible for the medical treatment and wages. These disallowances for worker's compensation allow for a freer range of medical treatment, and despite early denials for no-fault benefits, may result in a satisfying post settlement payment of medical liens and/or payback. Later on, when we cover judgments and case resolution, we will revisit the medical lien issue that evolves from these carrier disputes.

Finally, a knowledgeable lawyer is your only protection against the endless hurdles your 'friendly' insurance companies lay in your path; avail yourselves!

Next month: Is your injury "Serious" enough to justify the loss income you'll necessarily suffer?

You need to know the Courts' point of view.