In New York State we have what we call worker’s compensation statute.
Workers’ compensation is primary to no fault and essentially what that means is this: if you are involved in a motor vehicle accident while working, worker’s compensation is required to step into the shoes of the no fault carrier. However, worker’s compensation does not pay the exact same benefits as no fault so worker’s compensation will step in and pay 2/3 of your lost wages up to a statutory amount. No fault benefits provide for 80% of lost wages.
So, essentially, what happens when you’re involved in a motor vehicle accident while you’re working is that initially we will go to the worker’s compensation carrier, get the benefits from the workers compensation carrier that are appropriate and then also look for the no fault carrier to provide the additional benefits to raise you up to the 80% percent of lost wages to the statutory maximum allowed under the law.