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Bicycle Crash on the Job: Who is Left to Pay

In New York City, bicycle messengers make deliveries every day while under pressure due to weather conditions, aggressive drivers, and tight deadlines. After a bicycle accident, an injury victim may not only be forced to miss work but may also be facing costly medical bills and a long recovery if their injuries were serious.

 

A bicycle crash attorney may be able to help cyclists recover damages for their injuries.

Workers' Compensation

Some crashes are covered by workers' compensation if the cyclist was involved in a collision while performing activities within the scope of their employment. Workers' compensation is a type of insurance employers carry that is intended to pay for medical bills and lost wages for injured workers regardless of fault.

Insurance companies may deny some claims if it is not immediately clear that an employee was acting within the scope of his or her employment. For example, if a cyclist was running personal errands and was hit by a vehicle, a claim for workers' compensation may be denied on the basis that any injuries sustained were not incurred while the cyclist was working, even if the bicycle he or she was using was owned by an employer.

 

In many cases, an attorney can argue that the cyclist was acting within the scope of their employment.

Independent Contractors

Workers' compensation may not apply to cyclists who are employed as independent contractors. Whether or not a worker is an independent contractor depends on the facts of the situation.

 

If an employer is calling an employee an independent contractor simply to avoid paying extra insurance and tax costs but the employee's work duties resemble those of an employee, it may be possible to claim that the worker is not really an independent contractor and is entitled to workers' compensation.

No-fault Motor Vehicle Accident Insurance

New York is a no-fault insurance state, which means that those who are injured in an accident are usually compensated by their own insurance company. In cases that involve cyclists, the insurance company of the motorist will usually be required to compensate the cyclist provided that all deadlines are met and paperwork is completed properly. The no-fault insurance system can be difficult to navigate, so it is a good idea to contact an experienced attorney about filing a claim as soon as possible after an accident.

In some cases, a cyclist's own car insurance may offer coverage for medical bills. This will depend on whether or not the cyclist is covered by workers' compensation as well as the specific language in the policy regarding personal injury protection coverage.

New York City Bicycle Accident Lawyers

There are strict requirements for reporting an accident and filing an insurance claim, so it is a good idea to contact an attorney right away. The bicycle attorneys at Flanzig and Flanzig, LLP can help you with your case.

 

Contact our firm at (866) 352-6944 to schedule a free consultation today.