Monte G. is a Haitian immigrant and Green Card holder who lives in public housing in Central Harlem. He earns his living driving passengers through Uber and doing livery work. His vehicle does more than get him around New York City. It helps him earn his living.
While working in Central Harlem, Monte encountered an e-bike delivery rider. According to Monte, the rider drove irresponsibly and entered his path. The e-bike then struck the side of Monte’s vehicle in a T-bone collision.
The rider did not stop. Instead, he fled the scene. Monte now faced injuries, damage to his vehicle and questions about how he could continue earning money.
The fleeing e-bike rider created only one part of the problem. Monte also needed to find out which work-related coverage applied at the time of the crash.
An attorney would want to know whether Monte had logged into Uber and whether he had accepted a trip. His passenger status could also matter. The attorney would also examine any black-car or livery base affiliation and the coverage connected to his driving work.
Monte also had questions because he is a Haitian immigrant with a Green Card. His lawful permanent resident status did not end the inquiry. The key issue was which benefits and insurance applied to his specific driving arrangement.
The e-bike rider fled before exchanging information. That made evidence especially important. A police report, witnesses and nearby surveillance video could help document what happened.
Monte’s work status required a separate review. Another person may have caused the crash, but that does not automatically eliminate work-related benefits. An attorney may need to examine driver injury coverage and auto insurance at the same time.
For an Uber or livery driver, an injury can stop income almost immediately. Drivers who cannot work may lose the money they depend on for rent, food and other expenses. That makes an early review of available benefits especially important.
Prior results do not guarantee a similar outcome.
Yes. Having a Green Card does not by itself prevent an otherwise eligible worker from pursuing New York workers’ compensation benefits. The New York State Workers’ Compensation Board states that eligible workers can receive benefits regardless of citizenship or immigration status.
Potentially. Uber and other for-hire drivers can be subject to special coverage rules. The driver’s platform status, trip status, base affiliation and other facts should be reviewed to determine what workers’ compensation or driver injury coverage may apply.
Tell your attorney exactly what you were doing when the accident occurred. Whether you were logged into the app, had accepted a trip, were traveling to a pickup or had a passenger in the vehicle can be important when determining applicable coverage.
Do not assume that a hit-and-run means there is no claim. Report the accident, seek appropriate medical care and preserve any available evidence. Your attorney can review work-related benefits and other applicable insurance even when the person who caused the collision has not been identified.
Fault and work-related injury coverage are different questions. The fact that another road user caused a crash does not necessarily prevent an eligible driver from receiving applicable work-related benefits. The accident may also raise separate insurance or personal injury issues.
Keep the police or accident report, photographs, medical records, witness information, repair records and any available video. Uber trip information, app records and documents showing what you were doing when the collision happened may also be important.
Yes. Cass & Peters Attorneys at Law offers free consultations for injured workers and drivers. Call (844) 591-3400 to discuss the accident, your driver status and the coverage that may apply.
For more, see our guides to Uber driver workers’ compensation accidents in Upper Manhattan and workers’ compensation after a motor vehicle accident in Manhattan.
If you are an Uber driver who was injured in an accident while working in Central Harlem, do not assume that being a Green Card holder, being treated as an independent contractor or having an unidentified hit-and-run driver means you have no claim.
The first step is figuring out exactly what coverage applied when the crash occurred. For an Uber, black-car or livery driver, that may require looking at your app status, trip information, base affiliation, driver benefit coverage and automobile insurance.
An e-bike hit-and-run can make the situation more complicated, but it does not erase the evidence surrounding your work or the crash. Preserve your Uber records, photographs, police information, medical records and anything that shows where you were and what you were doing when you were injured.
If the injury keeps you from driving, the financial consequences can begin immediately. That is why it is important to determine whether medical treatment, wage-related benefits or other insurance coverage may be available instead of assuming that you have to absorb the loss yourself.
Cass & Peters Attorneys at Law represents injured drivers and workers throughout Central Harlem, Harlem, Upper Manhattan and New York City. We can review the accident, your immigration concerns, your Uber or livery work status and the potential sources of coverage.
Call (844) 591-3400 for a free consultation. Five minutes could change your life.
Si usted tiene una Green Card y sufrió lesiones mientras trabajaba como conductor de Uber en Central Harlem, su estatus migratorio por sí solo no le impide investigar sus derechos de compensación laboral. Si un repartidor en bicicleta eléctrica chocó contra su vehículo y huyó, todavía puede haber beneficios o cobertura de seguro disponibles dependiendo de su trabajo, su estado en la aplicación de Uber y las circunstancias del accidente. Cass & Peters Attorneys at Law ofrece consultas gratuitas. Llame al (844) 591-3400.
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