Legal Question in Personal Injury in New York
Workman's Compensation Eligibility
My husband is a self-employed cab driver. Last week he was rear-ended on a major highway and suffered some injuries which required him to be seen in an emergency room. He was directed to take 2 days off from work to recover and upon returning to work was not given any compensation or told whether he was eligible.
The cab was destroyed and when he was hit the seat broke and he fell backwards. Can he sue for the time he lost from work?
2 Answers from Attorneys
Re: Workman's Compensation Eligibility
If your husband is an employee of the cab company, he must be covered by workmans comp. He should inquire of the boss.
If he is not an employee, he should sue the other driver.
Please note, this is an either or proposition. He can either collect workmans' comp, or he can sue in personal injury.
Re: Workman's Compensation Eligibility
He can sue offending driver in small claims court for his lost wages since wc usually will not pay for first 5 days out.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
