At about 7:35 p.m. on Tuesday, October 20, 2026, a delivery worker riding an e-bike on Nostrand Avenue in Crown Heights, Brooklyn, was struck by a car. According to amNY, police said the driver hit him "when they attempted to merge into the right lane," and the driver "did not stop and instead fled the scene." He was taken to Kings County Hospital, where, as of that report, he was in critical condition. No arrests had been made as of that report.
We do not know who was driving, and nothing here is a comment on anyone involved. But the crash raises a question every delivery worker should be able to answer: when you are hurt on the job by someone who is not your employer, where can compensation come from?
Two Separate Claims
Workers' compensation is a system for employees. The law requires every employer subject to it to "secure compensation to his employees" (Workers' Compensation Law § 10). An injured worker can bring a workers' compensation claim, but in most cases cannot sue the employer (Workers' Compensation Law § 11).
Unless the driver who hit you was your employer, or a coworker who was "on the clock," you may have additional options. New York law says that an employee injured "by the negligence or wrong of another not in the same employ" "need not elect whether to take compensation and medical benefits under this chapter or to pursue his remedy against such other but may take such compensation and medical benefits" and also pursue the claim against that person (Workers' Compensation Law § 29(1)). In plain terms, you may be able to do both.
The workers' compensation claim is a separate matter, and we may refer it to a lawyer who handles those claims. This post is about the claim against the driver.
Some delivery workers are employees. Others work through apps or for companies that may treat them as independent contractors. If you are not an employee, workers' compensation may not apply, and the other sources of payment below matter even more.
No-Fault: Medical Bills and Lost Earnings
New York's No-Fault law covers "[p]ersons, other than occupants of another motor vehicle or a motorcycle," who are hurt by an insured car (Insurance Law § 5103(a)(1)). So a delivery worker on foot, on a bicycle, or on an e-bike that meets the law's definition may file a No-Fault claim with the insurer of "the car that struck you," as the Department of Financial Services puts it. A moped or other motorized device that is not a legal e-bike may be treated differently; our post on e-bike insurance explains why. Written notice of a No-Fault claim is due within 30 days of the accident (11 NYCRR 65-1.1).
If workers' compensation also covers you, the two work together. No-Fault benefits are reduced by "[a]mounts recovered or recoverable on account of such injury under state or federal laws providing social security disability benefits, or workers' compensation benefits" (Insurance Law § 5102(b)(2)).
If the driver fled, as in the Crown Heights crash described above, and is never found, No-Fault may still be available through your own auto policy or that of a relative you live with, or through MVAIC, and short reporting deadlines apply. Our post on hit-and-run injury claims explains those rules, including the 24-hour police report.
The Claim Against the Driver and the Owner
No-Fault does not pay for pain and suffering. For that, the claim is against the driver who caused the crash, and against the car's owner if the driver was using the car with permission (Vehicle and Traffic Law § 388(1)). Because it is a motor vehicle case, to recover for pain and suffering the injured person must show a "serious injury" (Insurance Law § 5104(a)). And for lawsuits started on or after May 26, 2026, a person found more at fault than the people he or she sues in a motor vehicle case recovers nothing (CPLR 1411(b)). Our post on New York's 2026 changes for motor vehicle injury cases explains more.
Two Traps When Workers' Compensation Is Paying
1. Settling without approval. When workers' compensation pays, the insurance carrier "shall have a lien on the proceeds of any recovery from such other, whether by judgment, settlement or otherwise" (§ 29(1)). And a settlement of the claim against the driver for less than the compensation the law provides "shall be made only with the written approval" of the carrier liable to pay the compensation, unless "the employee or his dependents obtain a compromise order from a justice of the court in which the third-party action was pending" (§ 29(5)). Do not sign a release before a lawyer has looked at it.
2. Waiting too long. If you take workers' compensation, section 29 sets its own time to sue the driver, measured in part from the award of compensation. If you miss it, and the carrier gave you the written warning the law requires at least 30 days before the deadline, the failure "shall operate as an assignment of the cause of action against such other" to the carrier liable for the compensation (§ 29(2)). In other words, control of your claim may pass to the insurance company.
What to Do If You Are Hit While Making Deliveries
- Get medical care, and follow your doctor's advice.
- Call the police and ask for a report number. If the driver fled, report the crash within 24 hours.
- Write down what you can about the car (color, make, any part of the plate) and the names and phone numbers of witnesses.
- Look for cameras on nearby buildings, stores, and buses. Video can be recorded over in a matter of weeks; see our Decision Day entry on Fernandez v Port Authority.
- Save your work records, such as the app's record of the delivery you were making. In our experience, those records may help show where you were and when. They may also be used to establish or refute your status as an independent contractor.
- If you are an employee, tell your employer in writing. Workers' compensation law requires written notice "within thirty days after the accident causing such injury" (Workers' Compensation Law § 18).
- Give written notice of your No-Fault claim within 30 days of the accident. We suggest speaking to a lawyer before you file, because anything you write or say in your claim may be used against you if there is a lawsuit.
- Talk to a lawyer early, and before you settle anything. If a City or other local government vehicle was involved, a Notice of Claim generally must be served within 90 days (General Municipal Law § 50-e). State and federal vehicles follow different rules. In some circumstances, your time to act may be even shorter.
If you were hit by a car while making deliveries, contact The Eskesen Law Firm for a free consultation. Calls are answered live 24 hours a day, 7 days a week.
Questions about your own accident?
Call us for a free consultation. Calls answered live 24 hours a day, 7 days a week.