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FAQS For Personal Injury Cases

• What do I do if I am a Sanitation Worker and I am involved in an accident?


• What do I do if I am involved in a car accident?


• What do I do if I am injuried as a result of a car accident?


• What benefits are included in a No-Fault?


• WHat do I do If I am an FDNY EMT/Paramedic/Fire Inspector and been injured on duty?

If you are a Sanitation Worker :

• NYC Sanitation Workers must apply for a 3/4 disability pension within 2 years of your LODI;
• You should complete a line of duty accident report immediately after your accident;
• Document all injuries and obtain medical treatment immediately;
• Get witness information and take pictures of the dangerous condition;
• If you are injured due to the City's negligence (for example: a dangerous condition on city property, on a departmental vehicle or a cracked sidewalk), you have only 90 days to file a claim with the City of New York.
• A Tier IV member of NYCERS with 10 years of service does not have to prove that his/her disability is job related to apply for a pension when applying for an ordinary disability pension.
• If you are involved in a motor vehicle accident while at work, you may be entitled to receive New York State No-Fault Insurance benefits for lost chart days, Sundays and other holidays. Benefits may also be available for off-duty accidents.
• EMS workers: There is no requirement that an accident occurred in order to be eligible for a 3/4 disability pension if such disability is caused by: HIV, hepatitis or tuberculosis. You still need to prove that you are physically unable to do the job.
• If you are an EMT or Sanitation Worker and plan on applying for a 3/4 disability pension under the Heart Bill you should not assume that simply because you have a heart ailment that you are entitled to a pension. The bill only eliminates the need to causally relate the heart ailment to the job. The applicant must still prove to NYCERS that he/she is unable to do his/her job title

• Call the Police and an Ambulance, if necessary.
• Do not leave the scene. Give your name, address, driver's license and insurance information to the person who was injured or whose property was damaged.
• Prevent further accidents from happening. You may be liable for damages to approaching vehicles unless they are warned. Use cones, flares, etc.
• Get names and addresses from all drivers involved, names and addresses of passengers. Also write down the license plate, year and make of all vehicles involved.
• Get names, addresses and telephone number of all witnesses, they may be very helpful.
• Take photographs of the accident scene and the cars involved, if damaged. (Keep disposable camera in car)
• New York State requires all drivers involved in a car accident in which a person is killed, injured or one in which property damage exceeds $1,000.00 to file a written report with the Commissioner of Motor Vehicles within 10 days. Failure to do so could lead to a suspension or revocation of your driver's license. The forms are available on the DMV website.
• Call your insurance company immediately after the accident and send written notice as well.
• No- Fault applications and under/uninsured claims must be filed within 30 days of the accident .
• If you do not have car insurance, you should consult an attorney immediately. Your personal assets may be at risk.
• Refer all persons making claims against you to your insurance company. Make no payments, or promises to pay, to anyone. Send all legal papers to your insurance company or lawyer immediately.

See a doctor or go to Hospital as soon as possible and report all complaints, no matter how trivial.

Under New York State's mandatory no-fault automobile insurance law, persons injured as a result of a car accident may be eligible to receive up to $50,000 in medical/economic benefits provided they were not intoxicated, drugged or engaged in other specified criminal behavior.

• All necessary medical and rehabilitation expenses (for ex. : Ambulance and Emergency Room bills)
• Lost earnings up to a minimum of $2,000 a month, less 20% reduction.
• Up to $25 per day for other reasonable and necessary expenses, such as transportation to and from your doctor.
• These benefits are payable regardless of who was to blame for the accident!

If you are a FDNY EMT/Paramedic/Fire Inspector:

• Although you are protected by workers' compensation, you are entitled to pursue any third-party claims such as claims against private landowners or private motorists that may have caused your accident.
• Protect yourself: collect evidence: photographs, witness statements/contact information; accident reports, supervisor contact information.
• Seek treatment immediately, document all complaints;
• Timely file your workers' compensation accident package with your employer;
• Contact your union representative;
• If your accident happened on location, obtain exact address of location including any property manager information that may be posted;
• A Tier IV member of NYCERS with more than 10 years of service does not have to prove that his/her disability is job related to apply for a pension when applying for an ordinary disability pension.
• There is no requirement that an "accident" occurred in order to be eligible for a 3/4 disability pension if such disability is caused by: HIV, hepatitis or tuberculosis. You still need to prove that you are physically or mentally unable to do the job.
• If you plan on applying for a 3/4 disability pension under the Heart Bill you should not assume that simply because you have a heart ailment that you are entitled to a pension. The bill only eliminates the need to causally relate the heart ailment to the job. The applicant must still prove to NYCERS that he/she is unable to do his/her job title
• Lastly, contact an attorney. There is no cost to you to have your claim professionally evaluated.

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