How much is my disability payment if I had a car accident?
Answer: Generally, you can receive 80% of your gross wages up to $2,000 or $3,000 or $4,000 per month for lost wages if you have been injured in a car accident but see detailed information below.
Disability payments are paid from two different sources, No-fault and NYS Disability.
You can receive disability payments for lost wages or lost income if you were injured due to the use or occupation of a car, even if there was no car accident. For instance, we have had clients who were injured getting into a parked car or getting out of a car. Some clients fell and were injured while others were hit by the car door which caused a broken nose or facial scar.
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Part of your lost wages is paid by no-fault
Part of your lost wages is paid by no-fault which is the automobile insurance of the car you were sitting in at the time of the accident or the car which struck you if you were a pedestrian.
No-Fault benefits are not taxable income.
To begin receiving lost wages from no-fault, you must file a no-fault application within 30 days of your accident with the automobile insurance company insuring the car you were in and any other automobile insurance policy in your household.
Minimum NYS No-Fault and Lost Wage Coverage
New York No-Fault Law provides for the payment of benefits to victims of motor vehicle accidents to reimburse them for their basic economic loss. Briefly summarized, basic economic loss (the minimum required in NY) consists of up to $50,000 per person in benefits for the following:
- All necessary doctor and hospital bills and other health service expenses, payable in accordance with fee schedules established or adopted by the New York State Department of Financial Services;
- 80% of lost earnings up to a maximum monthly payment of $2,000 for up to three years following the date of the accident;
- Up to $25 per day for a period of one year from the date of the accident for other reasonable and necessary expenses the injured person may have incurred because of an injury resulting from the accident, such as the cost of hiring a housekeeper or necessary transportation expenses to and from a health service provider; and
- A $2,000 death benefit, payable to the estate of a covered person, in addition to the $50,000 coverage for economic loss described above.
Additional and Optional No-Fault and Lost Wage Coverage
Your no-fault insurance policy may have additional coverage above the NY minimum of $50,000. Additionally, if you were in someone else’s car and you own a car with more than the minimum coverage or you live with a relative who has a car with more than the minimum coverage, you should also file a no-fault claim with that insurance company.
The New York State minimum basic no-fault coverage may appear on your policy as Personal Injury Protection.
Additional no-fault coverage may appear on your policy as Optional Basic Economic Loss and Additional Personal Injury Protection.
If you have additional no-fault coverage, you may be entitled to receive up to $3,000 or $4,000 per month for lost wages.
The other part of your lost wages is paid by New York State Disability
As outlined in New York State No-Fault Regulation 68, your no-fault loss of earnings payment will be reduced by the amount of the New York State Disability payment to you.
New York State Disability is calculated at 50% of your weekly salary, not to exceed $17O/week.
New York State Disability does not pay until your second week of disability.
You are eligible to receive benefits, while you remain unable to work, for up to 26 weeks.
If you remain disabled beyond the 26 week period, New York State Disability benefits will end, leaving your No-Fault wage benefits available at 80% of your gross wages.
To begin receiving lost wage benefits from New York State Disability:
- Fill out a DB-450 form;
- Have your doctor fill out the form; and
- Give the form to your employer within 30 days of your accident.
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Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.