Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under New York law, if you cannot work due to accident-related injuries, you may recover lost wages through several legal avenues. Each option depends on the accident’s circumstances and the at-fault parties.
1. No-Fault Auto Insurance Benefits
If you’re injured in a motor vehicle accident in New York, your own auto insurer must pay “basic economic loss” benefits, including lost earnings, regardless of who caused the crash. New York Vehicle & Traffic Law § 5102 allows up to $2,000 per month for lost wages. For details, see N.Y. Veh. & Traf. Law § 5102.
2. Workers’ Compensation Benefits
If your injuries occur at work or in the scope of employment, you may claim workers’ compensation. New York Workers’ Compensation Law § 7 provides benefits equal to two-thirds of your average weekly wage, subject to statutory maximums. Learn more at N.Y. Workers’ Comp. Law § 7.
3. Third-Party Personal Injury Claims
When someone other than your employer or insurer is at fault—such as a negligent driver, property owner, or manufacturer—you can file a negligence lawsuit in court. Under New York Civil Practice Law & Rules § 5101, you may recover:
- Past Lost Wages: Earnings you actually lost from the accident date through trial.
- Future Lost Earnings: Reduced earning capacity based on medical evidence and expert testimony.
See C.P.L.R. § 5101 for the measure of damages.
4. Disability Benefits and Other Programs
If your injuries lead to long-term or permanent work limitations, explore:
- Social Security Disability Insurance (SSDI): Federal program for severe, long-term disabilities.
- Private Long-Term Disability Insurance: Policies through your employer or purchased individually.
- New York State Disability Benefits: Short-term disability program for eligible employees.
Helpful Hints
- Keep detailed records of all medical treatment and missed workdays.
- Save pay stubs, tax returns, and employer correspondence to document earnings.
- Notify insurance companies promptly and follow their claim procedures.
- Watch deadlines: personal injury actions generally must be filed within three years (see C.P.L.R. § 214).
- Obtain a physician’s certification for work restrictions to support benefit claims.
- Consult an attorney early to determine the best strategy for your case.