When a Buffalo resident is injured in a car accident, up to the first $50,000 of that person’s medical expenses are usually paid by their own No Fault automobile insurance. When a person is driving for work, however, New York State law handles who pays the medical expenses differently.
In this situation, expenses associated with the car accident – such as the cost of medical treatment and lost wages – are paid by Workers’ Compensation insurance, not No Fault insurance. Because these two types of insurance are governed under different regulations, this fact can make a seemingly straightforward car accident case a little more complicated.
Fortunately for those also pursuing compensation in a personal injury lawsuit, New York State law provides that in car accident cases, payments by Workers’ Compensation that would be covered under No Fault insurance if the person had not been working are to be treated the same as No Fault insurance.
This is important because normally the Workers’ Compensation provider may collect reimbursement of its expenses if the injured person later receives payments for damages in a personal injury lawsuit. In contrast, a No Fault insurance provider may be required to pay up to $50,000 over the first three years following the injury, which is not recoverable. If a car accident is involved, Workers’ Compensation cannot recover payments made in place of No Fault payments.
If you have been in a car accident and have any questions, please feel free to call my office at 716-542-5444. We would be happy to help you.
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