Detailed Answer
If an accident leaves you unable to work, New York law provides several ways to reclaim lost wages. Below are primary options:
No-Fault Auto Insurance Benefits (Insurance Law §5102)
Under New York’s no-fault insurance system, your own insurer pays up to $2,000 per month in wage loss benefits if you sustain a “serious injury” as defined by Insurance Law §5102(d). See Insurance Law §5102.
Workers’ Compensation Benefits (Workers’ Compensation Law §15)
If you’re hurt on the job, file a claim with the New York State Workers’ Compensation Board. You may receive up to two-thirds of your average weekly wage, subject to maximums. Benefits are governed by WCL §15.
Third-Party Personal Injury Claims
If a negligent party caused your accident—like a careless driver or property owner—you can sue for economic damages, including past and future lost earnings. New York courts allow recovery of reasonably certain lost wages as part of your personal injury damages. The statute of limitations is three years from the date of accident. See CPLR §214.
Private Disability Insurance
Review any short-term or long-term disability policies you or your employer hold. These policies often cover a percentage of your salary if illness or injury prevents you from working. Terms, waiting periods, and benefit amounts vary by contract.
Social Security Disability Benefits
If injuries become long-term or permanent, apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). SSDI requires sufficient work credits and a disabling condition expected to last at least 12 months or result in death. Learn more at SSA Disability.
Helpful Hints
- Report injuries promptly: Notify insurers and your employer within 30 days for workers’ comp and no-fault claims.
- Gather documentation: Keep pay stubs, medical records, and incident reports.
- Track your lost time: Maintain a detailed log of dates and hours missed.
- Meet deadlines: File personal injury suits within three years under CPLR §214.
- Consult a qualified attorney: Seek legal guidance to navigate complex filings and maximize recovery.
Disclaimer: This information is educational and not legal advice. Consult a qualified attorney to discuss the specifics of your situation.