How Will My Wages Be Paid If I Am Injured in a Bicycle Crash?
How Will My Wages Be Paid
If I Am Injured in a Bicycle Crash?
Written by George LaMarche, Esq.
Will No-Fault Benefits Pay for My Lost Earnings?
If you are a bicyclist injured by a motor vehicle, you may obtain 80% of your lost earnings up to $2000 per month from the automobile insurance of the driver who struck you. You are entitled to lost earnings benefits until you actually resume gainful employment, but the lost earnings payments cannot continue for more than 3 years from the date of the crash that caused your injury.
How Do I Obtain No-Fault Benefits?
You must fill out, and return a No-Fault Application form to the driver’s insurance carrier. Without this form your lost wages will not be properly processed by the No-Fault provider. Here is a link to a No-Fault application. http://www.dfs.ny.gov/insurance/r_finala/2004/rf68ca2f.pdf
Monthly Disability Notes
You must provide monthly disability notes from a doctor to the no-fault carrier to prove you cannot work because of injuries you suffered from the crash.
Wage Verification Form
Your employer must fill out a wage verification form to confirm your wages at the time you became disabled from working.
Lost Earnings Payments Must Be Made Promptly
The no-fault law requires that the insurer pay or deny the claim in whole or in part within 30 calendar days after proof of the claim is received.
What If I Earn More Than $2000 Per Month?
You may be entitled to up to $4000 per month if you have purchased Additional Personal Injury Protection (APIP). You should examine your own personal automobile policy to determine if you have purchased this type of coverage.
Am I Entitled to No-Fault Lost Earnings Payments If My Employer Continues to Pay Me?
No. If your employer continues to pay you while you are out of work because of your bike crash you will not be able to “double dip” and receive income from your employer and the no-fault carrier.
What If I Am Self Employed?
Self-employed individuals who take profits from the business, but not formal wages, may still recover lost profits. Essentially you must provide a reasonable method for measuring that loss. Lost profits must not be speculative. Recovery for lost profits will usually be permitted only where a business has been in operation for some period of time and the business is firmly established.
What If I Am Unemployed at the Time of the Crash?
You are still entitled to receive payments from the no-fault carrier for loss of earnings from work equivalent in value to unemployment benefits which you would have received had you been ready, willing and able to go back to work.
Will New York State Disability Pay for My Lost Earnings?
No-fault will require you to file for New York State disability benefits through your employer. New York State disability will reimburse you for half of your pay, up to $170 per week.
Will Social Security Disability Pay for My Lost Earnings?
NYS disability expires after 26 weeks. If you are still unable to work, no-fault will require you to apply for Social Security Disability benefits. If you meet the criteria for Social Security Disability, you may receive loss of earnings benefits from Social Security Disability.
But I Still Have Lost Earnings….
Despite various options to help you offset your lost earnings when you are injured in a bicycle crash, you may still have unreimbursed lost earnings and future lost earnings. Whatever amount is not reimbursed through No-Fault or Disability can become a claim in a personal injury lawsuit pursued by a bike crash personal injury lawyer.
At LaMarche Safranko Law we focus our personal injury practice on representing bicyclists, pedestrians and runners who are injured after being struck by a negligent motorist. We are also part of the Road Sharing Alliance, a resource created to promote a community effort between drivers, cyclists, and pedestrians to make our roads safer.