Legal Question in Personal Injury in New York

Personal Injury Law

It is a bit difficult to understand your question. Was someone else at fault for this accident? If so then liability or fault applies. If it is a one car accident or you were at fault (caused the accident by your negligence) then you get only no-fault benefits. If this accident was due to the negligence of someone else, you should contact an attorney and be sure to bring the attorney a copy of the your insurance policy.

New York No-Fault and Disability Response

You need to separate out a few concepts.

No-fault has two components--(1) reimbursement for wages lost due to injuries sustained in a car accident; and (2) payment of medical expenses incurred for treatment. As a general rule, no-fault will pay 80% of your lost wages up to a maximum of $2,000/month. Moreover, lost wage payment will not be made for a period exceeding three years from the date of the accident. Finally, the total amount of benefits (lost wage and medical) is limited to $50,000.

You can collect these benefits even if you caused the accident. If you were not "at fault" (or were less at fault than the other party) you might be able to seek additional compensation provided that you suffered a "serious injury" within the meaning of the no-fault law. If you have suffered a serious injury, you can sue the party who caused the accident. You can seek, among other damages, all lost wages and damages for your pain and suffering.

As you work for USPS, I'm not sure how non-work related injuries are handled. You should check with your supervisor and/or Union official.

Depending on the severity of your injuries, you might qualify for Social Security Disability if it appears that you will be unable to work due to disability for a period of at least 1 year. You need not wait until you have not worked for 1 year; you may file if you expect to be out at least one year.

I hope this information is helpful.