WORKERS COMPENSATION NYC

WITTENSTEIN & WITTENSTEIN

COMMON TYPES OF WORKERS COMPENSATION ACCIDENTS

Taxi Drivers – Most Taxi Cab Operators Are Considered Employees


A taxi driver, operator or lessee is an employee unless such person is leasing a taxi from the owner of the taxi and the owner of the taxi personally, regularly drives the taxi an average of 40 or more hours a week. For the lessee to be considered an independent contractor, the owner-operator may not control, direct, supervise, or have the power to hire or fire such lessee.

For Workers Compensation purposes ONLY, any independent livery base in New York City, and Nassau and Westchester Counties must provide coverage for these drivers through membership in the Independent Livery Drivers Benefit Fund or by obtaining a full New York workers’ compensation insurance policy. Naturally, nonexempt office staff and dispatchers must also be covered by a full New York workers’ compensation insurance policy. WCL §2 [3 & 4], WCL §18-c. Coverage may be obtained by calling 718-361-9191.

Slip & Fall Accidents

Office Accidents

Construction Accidents

Mining Accidents

Hospital Accidents

Warehouse & Factory Accidents

Aides in Ambulette Accidents

Salespeople on Calls

WORKERS COMPENSATION NYC

WITTENSTEIN & WITTENSTEIN

YOU USUALLY CANNOT SUE YOUR EMPLOYER, BUT THERE ARE EXCEPTIONS

  • If your employer fails to provide workers compensation insurance
  • If your employer intentionally harms you

If you sustained “grave injuries” such as:

  • death;
  • permanent, total loss of use or amputation of arm, leg, hand or foot;
  • loss of multiple fingers or toes;
  • loss of index finger;
  • paraplegia or quadriplegia;
  • total, permanent blindness or deafness;
  • loss of nose or ear;
  • permanent, severe facial disfigurement; and
  • acquired brain injury related to physical force that results in permanent and total disability.

 

There is another exception specifically for Construction Accidents.  In New York, this is referred to as The Scaffold Law(NYS Labor Law sections 240/241), which allows workers injured by elevated falls to hold general contractors and property owners “absolutely liable” for their injuries, regardless of the employee’s own negligence or mistake, no matter how obvious or serious.