After an accident in New York, the compensation you receive depends on the type of accident, the severity of your injuries, and the legal framework that applies. Different accidents trigger different systems — no-fault insurance, workers’ compensation, personal injury lawsuits, or a combination — and each system provides different types of benefits. Understanding which types of compensation apply to your situation is the starting point for knowing what your case is worth.
No-fault Personal Injury Protection
Every motor vehicle accident in New York triggers no-fault PIP benefits from your own auto insurance. PIP covers up to $50,000 per person for medical treatment, lost earnings (up to $2,000 per month), and other reasonable and necessary expenses. PIP benefits are available regardless of who caused the accident. They are the first source of compensation in any car accident case, and they apply to drivers, passengers, pedestrians, and cyclists struck by motor vehicles.
Workers’ compensation benefits
A workplace injury triggers workers’ compensation: medical care with no dollar cap or durational limit, and wage replacement at two-thirds of your average weekly wage up to the statutory maximum. Workers’ comp is a no-fault system — you do not need to prove negligence. If the injury results in permanent impairment, a Schedule Loss of Use Award or permanent disability classification may provide additional compensation. Workers’ comp does not provide pain and suffering.
Personal injury lawsuit damages
A personal injury lawsuit against the at-fault party provides full compensatory damages: past and future medical expenses, full lost wages and loss of earning capacity, pain and suffering, and loss of enjoyment of life. In car accident cases, these damages are only available if your injuries meet the serious injury threshold under Insurance Law Section 5102(d). In construction, premises liability, and other non-auto cases, there is no threshold — any provable damages are recoverable.
Third-party claims alongside workers’ compensation
If someone other than your employer caused your workplace injury, you may pursue a third-party personal injury lawsuit alongside your workers’ compensation claim. The workers’ comp provides medical care and partial wages. The third-party lawsuit provides full damages including pain and suffering. The workers’ comp carrier has a lien on the third-party recovery, but the combined recovery from both claims typically exceeds what either one alone would have provided.
Wrongful death compensation
When an accident causes death, New York’s wrongful death statute (EPTL 5-4.1) allows the personal representative of the estate to bring a claim for the pecuniary losses suffered by the surviving family members. This includes lost financial support, lost services, lost parental guidance for minor children, and funeral and burial expenses. A separate survival action may recover the decedent’s conscious pain and suffering between the injury and death.
Loss of consortium
A spouse of a seriously injured person may have a derivative claim for loss of consortium — the loss of companionship, affection, and the marital relationship caused by the injury. This is a separate claim brought by the spouse, not the injured person, and it is evaluated based on the impact of the injury on the marital relationship.
How Schwartzapfel Holbrook identifies all available compensation
At Schwartzapfel Holbrook, we evaluate every case for the full range of compensation: no-fault PIP, workers’ compensation, third-party personal injury claims, wrongful death, and loss of consortium. Cases that appear straightforward often have additional avenues of recovery that are not immediately obvious. Identifying every source of compensation at the outset is how we maximize the total recovery.
Schwartzapfel Holbrook / Fighting For You