New York Legal ResourceCenter
“Expert Guidance on Auto Accidents, Workers' Compensation & Labor Laws”
Get clear, reliable information based on New York State laws to help you understand your
rights. From auto accidents to labor claims, explore your legal options with confidence.
Auto Accidents in New York
Understanding New York's No-Fault Insurance System and Your Rights
New York No-Fault Insurance System
New York operates under a "No-Fault" insurance system, which means that regardless of who caused the accident, your own insurance company pays for medical treatment and other out-of-pocket losses up to $50,000. This system was designed to reduce litigation and ensure prompt payment of medical bills and lost wages.
Key Components of NY No-Fault Coverage
- Basic Economic Loss Coverage : Up to $50,000 per person
- Medical Expenses : All necessary medical and rehabilitation expenses
- Lost Wages : Up to $2,000 per month for up to three years
- Other Reasonable Expenses :Up to $25 per day for up to one year
- Death Benefit : $2,000 in addition to the basic economic loss coverage
Serious Injury Threshold
To sue for pain and suffering in New York, you must have sustained a "serious injury" as defined by New York Insurance Law §5102(d), which includes:
- Significant disfigurement
- Death
- Fracture
- Loss of a fetus
- Dismemberment
- Significant limitation of use of a body function or system
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment
Statute of Limitations
In New York, the statute of limitations for filing a personal injury lawsuit after an auto accident is generally three years from the date of the accident. However, there are important deadlines for no-fault benefits:
- No-Fault Application : Must be filed within 30 days of the accident
- Medical Bills : Must be submitted within 45 days of treatment
- Lost Wage Claims : Must be submitted within 90 days
Comparative Negligence
New York follows a "pure comparative negligence" rule, which means that you can recover damages even if you were partially at fault for the accident. However, your recovery will be reduced by your percentage of fault.
Recent Changes to NY Auto Accident Laws
As of 2023, New York has implemented several changes to its auto accident laws, including increased minimum liability insurance requirements and expanded coverage for pedestrians and cyclists. Always consult with an attorney for the most current legal advice.
Workers' Compensation in New York
Understanding Your Rights and Benefits After a Workplace Injury
Types of Workers' Compensation Benefits
New York workers' compensation provides several types of benefits:
- Medical Benefits : 100% coverage for necessary medical care related to your work injury with no time limit or cost limit as long as the care is necessary and related to the work injury
- Temporary Disability Benefits : Cash benefits for lost time from work, calculated at 2/3 of your average weekly wage (AWW) multiplied by your percentage of disability, up to a maximum weekly amount
- Permanent Disability Benefits : Compensation for permanent impairments, either scheduled loss of use (SLU) for specific body parts or non-scheduled awards for other permanent disabilities
- Death Benefits : Weekly cash benefits for surviving dependents plus funeral expenses up to $12,500 in New York City, Nassau, Suffolk, Rockland, and Westchester counties, and up to $10,500 in all other counties
New York Labor Laws
Understanding Workplace Rights and Protections
Key Provisions of Labor Law §240 (The Scaffold Law)
Labor Law §241(6)
Wage and Hour Laws
Employment Discrimination Laws
Paid Family Leave
Sick Leave
Recent Labor Law Changes
Additional Resources
Helpful Links and Information for New York Legal Matters
Auto Accident Resources
Helpful links to navigate New York’s auto accident rules and recovery process.
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Workers' Compensation Resources
Find official guidance & support if you’ve been injured on the job in New York.
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Labor Law Resources
Understand your workplace rights, safety regulations, & fair wage protections.
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Medical Resources
Access healthcare support, Medicaid details, & resources for injured workers.
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Legal Aid Resources
Access legal assistance and referrals for injured workers and low-income individuals.
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Forms and Documents
Quick access to key legal & compensation forms for accidents & claims.
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Consult with an Attorney
Get Expert Legal Advice for Your Specific Situation
Why Consult with a Specialized Attorney?
New York's legal system is complex, and the laws governing auto accidents, workers' compensation, and labor rights have many nuances. A specialized attorney can:
- Evaluate the specific details of your case
- Explain your rights and options under New York law
- Handle paperwork and meet critical deadlines
- Negotiate with insurance companies and opposing parties
- Represent you in hearings, trials, or appeals if necessary
- Maximize your potential compensation
When to Contact an Attorney
It's advisable to consult with an attorney as soon as possible after:
- An auto accident resulting in significant injury or property damage
- A workplace injury or occupational illness
- Experiencing workplace discrimination, harassment, or retaliation
- Being denied workers' compensation benefits
- Wage and hour violations or other labor law issues