What to Know About No-Fault

by William Mattar | March 8th, 2016

If you are injured in a motor vehicle collision and, as a result of your injuries are unable to work, you may be entitled to reimbursement. After a motor vehicle collision, it is imperative that you file a no-fault claim as soon as you can. This is important for a number of reasons including your ability to recover lost wages due to missed time from work.

No-fault requires that you file for New York State Disability through your employer. In order to qualify for New York Disability you must show that you were employed by your employer for at least four weeks before the injury that is causing you to miss work. If you were not employed by that employer for at least four weeks, New York uses the wage rate from your last job.

New York State Disability reimburses you for half of your weekly pay, up to $170 per week. It covers your lost wages for up to 26 weeks and if your disability continues beyond that period, no-fault requires that you apply for Social Security Disability. After New York Disability reimburses you, no-fault will then reimburse you the lesser of your remaining lost wages up to 80% of your salary, or $2,000 per month.

Importantly, in order to continue to receive benefits no-fault requires that you provide disability notes to the insurance company every 30 days.  If you have any questions about lost wage reimbursement through no-fault and New York State Disability do not hesitate to talk to your New York car accident lawyers at William Mattar.