Hurt While Driving for Hire in NYC: Who Pays?

Short answer: it depends on who dispatched the trip. App drivers (Uber, Lyft) and black-car drivers on a job from a Black Car Fund member base are covered by the Black Car Fund for workers' compensation. Livery drivers sent by an independent livery base are covered by the livery fund only for catastrophic injuries and crimes; otherwise the car's no-fault insurance pays. Yellow taxi drivers may file for regular workers' compensation. Whatever applies, tell your base or employer within 30 days and file with the state within two years.

Find your route

The options side by side

Black Car Fund. The BCF FAQ says the Fund provides workers' compensation to drivers affiliated with its member bases — franchise and co-op black car bases, luxury limousine bases, high-volume FHV bases and transportation network companies, and non-emergency medical transport. You're covered for a job dispatched by any member base; "street hails are not covered", and a job from a non-member base (such as a livery base) is not covered either. The Fund does not pay for car damage or injuries to passengers. Benefits and amounts: how much does Black Car Fund workers' comp pay; the claim steps: Black Car Fund claim guide.

Livery fund. The ILDBF covers drivers dispatched by qualifying independent livery bases in NYC, Westchester and Nassau, but only for catastrophic injuries defined by statute and injuries from crimes (WCB). Otherwise the driver gets no-fault benefits from the carrier for the vehicle, and the Fund's claims page says to file for no-fault within 30 days of the accident. Full guide: workers' comp for livery drivers.

Yellow taxis. TLC's taxi driver bill of rights poster says: "Drivers may file for Worker's Compensation if injured while working on the job as a taxi driver." The Workers' Compensation Board says a taxi driver who does not own the taxi is generally considered an employee; coverage is not required if the driver leases from someone who personally and regularly drives the taxi 40 or more hours a week, unless that owner controls the driver. TLC rule 58-14 requires taxi owners to keep a current workers' compensation certificate, or a valid exemption, on file with TLC.

Deadlines that apply to almost everyone

• 30 days: notify your employer (or base, or the Fund) of the injury, in writing if possible. The WCB says you may lose your rights if you wait longer (WCB).
• 2 years: file Form C-3 with the Workers' Compensation Board.
• 30 days (livery, no-fault): file the no-fault application with the vehicle's carrier.

Use our crash deadline planner to turn your accident date into dates.

Your TLC license while you recover

If you claim an injury that stops you working, rule 80-13(b) says you must stop driving and surrender your TLC license ($75 / $150, appearance required). TLC returns it when you show you've recovered and benefits have ended — see can I drive while on workers' comp.

If you were hurt in an attack, TLC's victim services (inclusion@tlc.nyc.gov) can also connect you to the NYS Office of Victim Services for help with medical bills and lost wages — see assaulted or threatened as a driver.