Short summary: If a driver who is not your employer or a coworker hits you while you're on the job in New York, you can generally collect workers' compensation and pursue a separate injury claim against that driver. The two claims run on different tracks, and one doesn't cancel out the other.
A road crew in Nesconset, Long Island, hadn't even clocked in for the heavy part of the day Monday morning when a car crossed into the oncoming lane, ran a red light, and jumped the sidewalk where they were staging equipment for a paving job. One worker, a 38-year-old man from Mastic, died at Stony Brook University Hospital. Two coworkers, ages 30 and 33, were rushed to the hospital with serious injuries.
Suffolk County police charged the driver, a Lake Ronkonkoma man, with driving while ability impaired by drugs. It's a brutal reminder that road and utility crews face traffic danger every time they clock in. And getting hurt "at work" doesn't always mean your only option is a workers' comp check.
Why This Isn't Just a Workers' Comp Case
New York's workers' comp system generally pays medical bills and a share of lost wages no matter who was at fault. In exchange, it generally bars hurt employees from suing their own employer. That trade-off does not extend to outside drivers. When someone other than your employer or a coworker causes the crash, injured workers can generally file a comp claim and a separate injury claim against that driver, which can cover pain and suffering that comp checks don't touch.
Because the crash involved a motor vehicle striking people on a sidewalk, New York's no-fault insurance rules likely apply too, on top of comp and any injury claim. See our guide to the 30-day no-fault deadline for how that clock works.
What to Do If a Driver Hurts You at Work
Report It Twice
Tell your employer right away for the workers' comp file, and make sure police file a report naming the driver. The comp claim and the injury claim need their own paperwork trails, and neither substitutes for the other.
Don't Let the Comp Filing Slide
Comp claims have their own short deadlines, separate from any injury claim against the driver. Missing the comp window doesn't kill your case against the driver, but it can cost you the wage and medical coverage you're owed in the meantime.
Get Care and Keep the Records
See a doctor even if you feel able to keep working. Some injuries from being struck don't show up right away. Our guide on physical therapy after a crash covers what recovery typically looks like, and our after-a-crash checklist walks through the paperwork worth saving from day one.
Questions New Yorkers ask us
Can I really get workers' comp and sue the driver at the same time?
Generally, yes, when the driver isn't your employer or a coworker acting within their job. Comp covers your immediate medical bills and wages regardless of fault; a claim against the driver can generally add compensation for pain and suffering that comp doesn't pay.
What if I'm not sure whether the other person counts as a "third party"?
It depends on who they work for and what they were doing at the time, and it's easy to get wrong without a closer look at the facts. That's exactly the kind of question worth getting a free read on before you sign anything with an insurer.
Does it matter that I was hit while working, not driving my own car?
Not for your right to pursue a claim. New York's no-fault rules generally apply to anyone struck by a motor vehicle, including workers on foot, and deadlines vary by situation. That is exactly why it's worth getting advice now rather than after a check arrives.
Not sure where you stand after a crash? Get your free case review or call (888) 208-0529. A real person answers, 24/7.
Reporting: CBS New York.
