Claims Process Information (to obtain benefits)
In order to determine of a livery driver is entitled to Workers' Compensation benefits from the Livery Fund or no-fault benefits from the no-fault carrier for the vehicle being operated at the time of the accident, the claimant should submit a Workers' Compensation Board C-3 form and his/her medical records to the Workers' Compensation Board. Upon receipt of this form, the Workers' Compensation Board will perform a search of the livery base the claimant's vehicle was affiliated with to determine if the livery base was a member of the fund.
- A copy of the C-3 form can be obtained by clicking here.
- You can obtain additional information on the Workers' Compensation Board claims filing process by clicking here.
- If you meet the qualifications for benefits from the Livery Fund, then you may submit your claim to Hereford Insurance Company, the insurance carrier for the Fund. For more information on how to submit your claim to Hereford, you may do so by clicking here.
If the livery base in question was a member of the Fund on the date of the accident, then the Workers' Compensation Board will review the claimant's claim and his/her medical records to determine if his/her injuries qualify them for benefits from the livery Fund, under the provisions of Article 6G of the Executive Law, Section 160-ddd.
If the claimant's injuries qualify them for benefits from the Livery Fund, then a claim will be assembled and you will receive further information from the Workers' Compensation Board.
If the claimant's injuriesdo not meet the criteria listed in Executive Law, Article 6G, Section 160-ddd, then the claimant is entitled to no-fault benefits from his/her no-fault insurance carrier. Assuming this is the case, in general, within 30 days of submission of all information required by the Workers' Compensation Board, the Board will issue a letter confirming that the claimant is not entitled to Workers' Compensation benefits, but is entitled to no-fault benefits. This form is named a EC-101 a form copy of which can be reviewed by clicking here.
**** Please keep in mind that if the livery driver did not sustain one of enumerated type of injuries that qualifies them for benefits from the Fund, then the no-fault carrier is responsible to pay no-fault benefits regardless of whether the livery driver was working at the time of the accident or not. Per Workers' Compensation Law Section 18-c(8) "An independent livery driver that sustains injury as a result of the use or operation of an automobile during a dispatch by an independent livery base may obtain recovery in accordance with article fifty-one of the insurance law, and shall not be entitled to workers' compensation benefits except as set forth in section one hundred sixty-ddd of the executive law.
Always remember that you must file your application for no-fault benefits with the no-fault insurance carrier for the vehicle you were operating within 30 days of the accident. Once you receive the EC-101 form, you should send the no-fault carrier a copy of the EC-101 form. The no-fault carrier is then obligated to pay no-fault benefits to the claimant.
- If you receive a denial letter from your no-fault carrier you may file for arbitration with the American Arbitration Association, as per the information contained on your denial form. If you receive delay letters requesting further information in order to process your no-fault claim and are unsure on how to proceed, contact the livery fund via email at email@example.com for more information or submit your question by clicking here.
- If you believe the insurance carrier is improperly delaying the payment of benefits or has improperly denied your claim, you may file a complaint with the New York State Department of Financials Services by clicking here.