Queens Transportation Worker Attorney

Workers’ Compensation for Transportation Workers in New York City

New York City is home to many of the nation’s most-used public and mass transportation systems. Partly due to the busy nature of these systems, transportation workers in all roles – train operators, subway conductors, truckers, taxi drivers, etc. – face daily risks on the job. Collisions with other vehicles, machinery accidents, equipment failures, and other incidents put workers at a high risk of injury, disability, and even death. If and when a transportation work accident occurs, the injured worker should always see if they can use workers’ compensation to get back on their feet.

Most for-profit employers in New York are required to carry workers’ compensation insurance, so you could be covered and not even know it. See if you can get workers’ comp benefits as an injured transportation worker in Queens by talking with a lawyer from Harris Firm. You might even be eligible for benefits through a separate workers’ compensation plan overseen by the Metropolitan Transportation Authority (MTA), which we can help you understand and utilize, too. Our goal is to get you the most benefits possible, so you don’t have to worry about your recovery after a workplace injury.

Learn how Harris Firm can help you with your transportation workers’ compensation claim in Queens. Call (718) 487-8669 or contact us onlinefor a free consultation.

Types of Transportation Workers We Represent

At Harris Firm, our Queens transportation service workers' comp lawyers are happy to help all types of mass transit and public transportation workers. If you work in the NYC transportation industry and were hurt at work, we want to hear from you.

Our legal experience allows us to help transportation workers in all roles, such as:

• Amazon delivery drivers
• Chauffeurs
• Commercial truck drivers
• Commercial vehicle operators
• Engineers
• Ferry operators
• Limo drivers
• Maintenance workers
• Mechanics
• Onboard workers
• Public and private bus drivers
• School bus drivers
• Security personnel
• Taxi drivers
• Ticket handlers
• Train and subway operators
• Uber and Lyft drivers
• And many others

We handle claims on behalf of transportation workers in both the private and public sectors. Throughout our practice experience, we have seen all sorts of incidents, accidents, and injuries related to transportation work, including collisions, single-vehicle crashes, slip-and-falls, machinery accidents, equipment failure, assault, toxic exposure, overexertion, and more. We have also represented surviving family members and loved ones of workers who passed away from fatal transportation accidents or illnesses, so they could seek death benefits.

Common Injuries Suffered by Transportation Workers

In your line of work, an accident could result in one or more of a variety of injury types, so you should work with the legal team that knows how to handle cases involving any and all of them. Using our extensive experience and resources, we can work with medical experts to get a full understanding of the injuries or illnesses you suffered while working as a transportation worker. By doing so, we can better create your workers’ compensation claim and will be prepared to push back if the settlement or benefits you are offered do not reflect the extent and impact of your injuries.

Different types of injuries often reported in workers’ comp claims for transportation workers are:

• Musculoskeletal injuries: Transportation workers often engage in physically demanding tasks that can lead to strains, sprains, and overexertion injuries, particularly in the back, shoulders, and knees.
• Repetitive strain injuries (RSIs): Workers who complete repetitive motion tasks, such as typing for office staff or steering vehicles for long periods, are prone to RSIs like carpal tunnel syndrome or tendonitis.
• Slips, trips, and falls: Slips, trips, and falls on runways, staircases, and even slipper decks on ships can result in injuries ranging from minor bruises to severe fractures or head injuries.
• Motor vehicle accidents: Transportation workers, especially those operating vehicles such as trucks, buses, and trains, face the risk of being involved in motor vehicle accidents while on the job.
• Exposure to hazardous substances: Workers in transportation services may be exposed to hazardous substances such as fuels or cleaning chemicals. Prolonged exposure to these substances can cause respiratory issues, chemical burns, or other health problems.
• Hearing loss: High levels of noise from engines, machinery, or traffic can cause a transportation worker to lose their hearing or suffer from tinnitus.
• Vibration Injuries: Transportation workers who operate heavy machinery or vehicles may experience whole-body vibration or hand-arm vibration injuries, which can include uncommon conditions like vibration white finger (Raynaud's syndrome) or musculoskeletal disorders.
• Fatigue-related injuries: After working a long shift, a transportation worker may suffer from fatigue-related injuries or experience a fatigue-related accident, such as those due to impaired cognitive function and slower reaction times.
• Psychological injuries: Workers’ compensation can even cover psychological injuries suffered by transportation workers, such as stress, anxiety, or post-traumatic stress disorder (PTSD), as long as those injuries were caused by a work-related duty.

Common Causes of Transportation Worker Accidents

Transportation worker accidents in Queens and the other boroughs of NYC are often related to some form of workplace negligence. A worker might forget to bring the right safety equipment, or an employer might instruct a worker to complete an unsafe task, for example. In either situation, if an injury occurs, the worker could be covered by workers’ compensation.

Importantly, workers’ compensation in New York operates under a no-fault system, which means an injured worker is still entitled to workers’ comp benefits even if they were the only party who made the mistake that led to their injury or illness. A key term to remember is “mistake” because intentional injuries are not covered by workers’ compensation. Otherwise, the cause of a worker’s injury is not necessarily important when determining if the worker can get benefits.

Workers’ Compensation Benefits for Transportation Workers

In New York, most transportation services workers are entitled to workers' compensation benefits if they suffer work-related injuries or illnesses. Workers' compensation in New York is governed by the New York Workers' Compensation Board, and it provides various benefits to injured workers who are eligible for workers’ comp insurance coverage based on their employment definition and status.

Benefits that are typically available for transportation services workers in New York include:

• Medical benefits: Injured transportation workers are entitled to receive medical treatment, including doctor visits, hospitalization, surgery, medication, physical therapy, etc., at no cost to them. Medical benefits should be paid by the workers' compensation insurance carrier or employer, so the injured worker doesn’t have to even pay co-pays.
• Disability benefits: If a transportation worker's injury or illness prevents them from working, they may be eligible for disability benefits. There are different types of disability benefits available under New York workers' compensation, which vary based on the type and extent of the worker’s disability.
  • Temporary total disability (TTD): Paid to workers who are temporarily unable to work due to their injury or illness. TTD benefits are typically two-thirds of the worker's average weekly wage, subject to a maximum weekly benefit amount set by law.
  • Temporary partial disability (TPD): Paid to workers who can perform some work but earn less than they did before the injury. TPD benefits are calculated based on the difference between the worker's pre-injury earnings and their current earnings, subject to certain limits.
  • Permanent total disability (PTD): Paid to workers who are permanently unable to perform any type of work due to their injury or illness. PTD benefits are typically paid for the duration of the worker's disability and are based on an assigned disability rating.
  • Permanent partial disability (PPD): Paid to workers who suffer a permanent impairment but can still work in some capacity. PPD benefits are determined based on the degree of impairment and other factors specified in the workers' compensation law.
• Death benefits: If a transportation worker dies as a result of a work-related injury or illness, their dependents may be eligible for death benefits, such as compensation for funeral expenses and weekly payments based on a percentage of the worker's average weekly wage.
• Vocational rehabilitation: Injured transportation workers who are unable to return to their previous job may be eligible for vocational rehabilitation services, including job retraining, job placement assistance, and vocational counseling, to help them return to suitable employment.

Are All Transportation Workers Covered by Workers’ Comp?

In New York City, most transportation workers are eligible for workers’ compensation if they are classified as “employees,” rather than “independent contractors.” The law does not require employers or other agencies to provide workers’ compensation insurance for independent contractors, so this distinction is very important.

To be considered an independent contractor in New York, a worker must be:

• Primarily in business for themselves (self-employed);
• Engaged in a form of work they provide to the public; and,
• Allowed to perform work free from supervision, direction, and control.

Far too often, dishonest employers misclassify employees as independent contractors to avoid providing workers with their rightful workers’ compensation benefits. If you are a transportation worker in New York City and believe you may be misclassified as an independent contractor, contact our workers’ compensation lawyers right away. We have extensive experience helping clients with complex workers’ comp matters, including employee misclassification and uninsured employers.

Workers’ Comp Filing Process for Transportation Workers

We can help you through the entire process of filing for workers’ comp as a transportation worker, including:

1. Notify employer: Inform your employer about the injury or illness as soon as possible, no matter why it happened.
2. Employer's response: After notification, your employer must report the injury to their workers' compensation insurance company within a certain timeframe. This step depends on your employer’s cooperation, but you should pay attention to make sure it is being done, too.
3. Seek legal counsel: Talk with our Queens workers’ comp lawyers for help in navigating the claim process from start to finish.
4. Evaluate eligibility: We can determine if your injury or illness is work-related and qualifies for workers' compensation.
5. File Form C-3: If it has not been filed already, we can help you complete and submit the Employee Claim (Form C-3) to the New York Workers' Compensation Board, which can be done online, by mail, or in person.
6. Insurance company's action: The insurance company has a set period to begin paying benefits or dispute the claim after receiving notification from the employer.
7. Follow-up: Our attorneys keep track of any correspondence and deadlines related to your claim, so you don’t have to worry about it. We can respond promptly to requests for additional information or documentation.

Depending on how your case goes, you might start receiving the benefits you are owed within weeks of the initial claim filing. If the case is denied or more information is requested, we can take the lead and figure out the best way to move your case forward. You can rely on us for representation during administrative hearings and more.

Contact Us Today for a Free Consultation

If you were injured in a transportation work accident in New York City, reach out to our team at Harris Firm right away. Time is critical when it comes to filing your workers’ compensation claim, and any delays in the process could jeopardize the entire case and the benefits that should be given to you. We provide free initial consultations and offer to work for contingency fees, meaning you do not pay any out-of-pocket expenses when you hire our firm. Instead, we will only collect legal fees if we recover compensation for you!

Our multilingual staff can assist you in English, Spanish, Russian, French, Bengali/Bangla, or another language you are most comfortable with, and we are able to travel to you if your injuries prevent you from coming to us. With two offices conveniently located in Queens and the Bronx, as well as an open-door policy, we are here to serve you.

Reach us onlineor call (718) 487-8669 now to set up a free, no-obligation consultation.