Long Island Clavicle Fracture
Lawyer
A broken collarbone from a Long Island car accident is a per se serious injury under New York law. Displaced fractures, ORIF surgery, brachial plexus injuries, and malunion with shortening demand experienced legal representation. No fee unless we win.
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A clavicle (collarbone) fracture from a Long Island car accident is a "fracture" under New York Insurance Law §5102(d) — satisfying the serious injury threshold per se without separately proving significant limitation. The clavicle is divided into three zones: the medial third (sternoclavicular joint), the middle third (accounting for approximately 80% of all clavicle fractures and classified by Robinson or AO systems), and the distal third (acromioclavicular joint region, classified by the Neer system: Type I minimally displaced; Type II displaced with CC ligament disruption and highest non-union risk; Type III intra-articular). Treatment ranges from sling or figure-of-8 brace for non-displaced fractures to ORIF with a locking plate ($15,000–$30,000) for displaced, comminuted, or Neer Type II distal fractures. Associated injuries include brachial plexus lower trunk neuropraxia, subclavian vascular injury, pneumothorax, and rib fractures. Complications including malunion with shortening, non-union, post-traumatic AC and SC joint arthritis, and thoracic outlet syndrome substantially increase claim value.
Last updated: April 2026 · Every case is unique — these ranges reflect general New York outcomes and are not guarantees.
Types of Clavicle Fractures We Handle
From non-displaced midshaft fractures to complex Neer Type II distal fractures with brachial plexus involvement, we handle the full spectrum of collarbone injuries from Long Island car accidents.
Midshaft (Middle Third) Clavicle Fracture
Distal Clavicle Fracture (Neer Type II)
Medial Clavicle / Sternoclavicular Fracture
Brachial Plexus Associated Injury
Clavicle Malunion / Non-union
ORIF with Locking Plate / Intramedullary Pin
Clavicle Anatomy and Fracture Classification
The clavicle is the only bony connection between the upper extremity and the axial skeleton. It acts as a strut that positions the shoulder laterally and superiorly, provides attachment for the trapezius, deltoid, pectoralis major, and sternocleidomastoid muscles, and protects the underlying neurovascular structures — including the brachial plexus and subclavian vessels — that pass from the neck into the arm through the narrow costoclavicular space.
Anatomically, the clavicle is divided into three regions. The medial third — approximately the medial 25% of the bone — articulates with the manubrium of the sternum at the sternoclavicular (SC) joint, a synovial saddle joint stabilized by the anterior and posterior sternoclavicular ligaments and the costoclavicular ligament. SC joint injuries and medial clavicle fractures are less common than middle-third fractures but more dangerous: posterior SC joint dislocations and medial fractures displaced posteriorly can compress the trachea, esophagus, or great vessels and constitute surgical emergencies. CT scan is essential for evaluating these injuries because plain X-ray significantly underestimates posterior displacement.
The middle third — the diaphysis of the clavicle — accounts for approximately 80% of all clavicle fractures. Middle-third fractures are commonly classified using the Robinson classification (Types 1 through 5 based on displacement and comminution) or the simpler AO/OTA system. The key prognostic variables are displacement (complete vs. incomplete cortical apposition), shortening (measured in millimeters on the AP X-ray), and comminution (simple vs. wedge fragment vs. complex). Shortening greater than 15 to 20 mm and complete displacement are associated with significantly higher rates of malunion, symptomatic shoulder dysfunction, and ultimately higher legal claim values.
The distal third — approximately the lateral 15% of the clavicle, including the acromioclavicular (AC) joint region — is classified using the Neer system, which remains the most clinically and legally significant classification for clavicle fractures: Neer Type I fractures are lateral to the coracoclavicular (CC) ligaments and minimally displaced, with the CC ligaments intact and a favorable healing prognosis with non-operative treatment; Neer Type II fractures are medial to the CC ligaments (or between the conoid and trapezoid components of the CC ligament complex) with complete CC ligament disruption, causing proximal fragment superior migration and an unstable fracture pattern with a non-union rate of 22 to 33% if treated non-operatively — making these fractures a strong surgical indication; Neer Type III fractures extend into the AC joint articular surface and predispose to post-traumatic AC joint arthritis. Neer Type II fractures almost universally require ORIF with coracoclavicular fixation to achieve stable union and prevent the chronic shoulder dysfunction and cosmetic deformity associated with non-union.
Car Accident Mechanisms: Seatbelt, Dashboard, Cyclist, and Pedestrian
The clavicle is uniquely vulnerable in car accidents because of its superficial location and its role as the primary bony strut of the shoulder girdle. In frontal collisions with airbag deployment, the seatbelt mechanism is a major cause of clavicle fracture: when the shoulder harness locks during the crash pulse, the restraint force is transmitted directly across the clavicle, producing a direct impact fracture at the midshaft where the seatbelt contacts the bone. This mechanism is distinctive because the fracture pattern — typically a transverse or short oblique midshaft fracture — is consistent with a direct impaction force perpendicular to the clavicle's long axis, which a biomechanical expert can document to establish causation. In high-speed rear-end collisions, the shoulder strikes the headrest or the door frame, and the transmitted force can fracture the clavicle at the middle or distal third. Cyclists struck by vehicles typically sustain clavicle fractures from the fall mechanism — landing on an outstretched hand or on the point of the shoulder — which produces a more comminuted or oblique fracture pattern. Pedestrians struck by vehicles sustain clavicle fractures from direct bumper or hood impact, often at high energy, producing severely comminuted fractures with higher rates of associated brachial plexus and vascular injury.
Associated Injuries: Brachial Plexus, Vascular, and Thoracic
High-energy clavicle fractures can injure the structures passing beneath the clavicle in the costoclavicular space. The brachial plexus, which arises from cervical nerve roots C5 through T1, is vulnerable to stretching and compression from comminuted midshaft fractures. Lower trunk injuries (C8-T1) are the most common pattern, producing hand weakness, grip deficits, and ulnar paresthesia in the ring and little fingers. Upper trunk injuries (C5-C6) can produce deltoid and rotator cuff weakness resembling Erb's palsy. Electrodiagnostic evaluation — nerve conduction study (NCS) and electromyography (EMG) — is essential for characterizing brachial plexus involvement and providing objective neurological evidence for the legal claim. Subclavian and axillary vascular injuries are rare but life-threatening and require emergency vascular surgery consultation. Pneumothorax — lung puncture by a sharp fracture fragment — occurs in a subset of high-energy clavicle fractures and requires chest tube placement. Rib fractures, particularly ribs 1 through 4, commonly accompany high-energy clavicle fractures. Each of these associated injuries expands the scope of the medical record, increases the trauma hospitalization cost, and adds additional serious injury categories to the §5102(d) threshold analysis.
Diagnosis, Imaging, and Treatment
Imaging: X-ray, CT, and MRI
Initial imaging begins with plain X-rays: the AP (anteroposterior) projection and the cephalic tilt view (15-degree cephalic angulation) project the clavicle free of overlying ribs and provide the clearest visualization of displacement, shortening, and comminution. The Zanca view (10 to 15-degree cephalic tilt for the AC joint) is used for suspected AC joint and distal clavicle injuries. For medial clavicle fractures and sternoclavicular joint injuries, CT scan is mandatory because plain X-rays are unreliable for assessing posterior displacement — which can be life-threatening from compression of mediastinal structures. CT with 3D reconstruction is also obtained for complex comminuted fractures to guide surgical planning and for detecting hardware failure post-operatively. MRI is not routinely used for primary clavicle fracture diagnosis but is valuable for characterizing soft tissue injuries including AC and CC ligament disruption in distal fractures, brachial plexus continuity, and rotator cuff pathology associated with the shoulder girdle injury.
Non-Operative Treatment: Sling and Figure-of-8 Brace
Most non-displaced and minimally displaced middle-third clavicle fractures are managed non-operatively with a simple sling or a figure-of-8 brace for 4 to 6 weeks, followed by progressive physical therapy. The figure-of-8 brace has not been shown in controlled trials to improve outcomes over a simple sling, and many orthopedic surgeons prefer the sling for its greater comfort and compliance. Radiographic union is expected at 8 to 12 weeks in healthy adults. The treating physician should obtain follow-up X-rays at 4 to 6 weeks and at 10 to 12 weeks to confirm progressive healing and identify early malunion or non-union. Non-operative treatment is associated with approximately 15% rates of symptomatic malunion (shortening greater than 15 mm with functional deficit) for displaced fractures — a complication that may require delayed ORIF with corrective osteotomy and bone grafting, substantially increasing both the medical expense and the legal claim value.
Surgical Treatment: ORIF with Locking Plate and Intramedullary Fixation
ORIF with a superior locking plate or anterior-inferior locking plate is the standard surgical treatment for displaced, comminuted, or Neer Type II distal clavicle fractures. The superior plate is placed directly on the superior surface of the clavicle through an incision overlying the fracture site; the anterior-inferior plate is placed on the inferior surface and may offer a cosmetic advantage but requires a longer incision. Locking screw technology has reduced the rate of hardware failure (plate breakage, screw pullout) compared to earlier non-locking systems. Intramedullary pin fixation (elastic nailing with a titanium nail) is an alternative for simple midshaft fractures and offers a smaller incision, but has higher rates of hardware migration, skin irritation, and pin-end prominence, and the pin must be removed after healing — a second procedure requiring anesthesia and recovery time. For Neer Type II distal fractures, ORIF is supplemented with coracoclavicular fixation using a hook plate, suture anchors through a CC cerclage, or an endobutton-based CC reconstruction. Hardware removal is a recoverable additional medical expense in the personal injury claim.
Complications: Malunion, Non-union, Post-traumatic Arthritis, and TOS
Malunion — healing with deformity — is the most common complication of non-operatively treated displaced middle-third clavicle fractures. When shortening exceeds 15 to 20 mm, the shoulder girdle geometry is disrupted: the scapula protracts and tilts anteriorly, the acromion drops, and the rotator cuff loses its mechanical advantage, resulting in chronic shoulder weakness, restricted overhead elevation, scapular dyskinesis, and a visible or palpable deformity at the malunion site that satisfies the significant disfigurement category of §5102(d). Non-union — failure to achieve radiographic healing after 6 months — occurs in 22 to 33% of unstabilized Neer Type II distal fractures and requires ORIF with bone grafting. Post-traumatic AC joint arthritis and SC joint arthritis develop over months to years and produce chronic pain requiring intra-articular injections or arthroscopic intervention. Thoracic outlet syndrome (TOS) from callus formation compressing the brachial plexus or subclavian vessels is a recognized late complication requiring vascular and neurological workup and potentially first rib resection or corrective osteotomy.
New York Law: §5102(d) Serious Injury and Government Vehicle Claims
New York Insurance Law §5102(d) requires that a plaintiff injured in a motor vehicle accident establish a "serious injury" to bring a claim for non-economic damages — pain and suffering, loss of enjoyment of life, and emotional distress. A clavicle fracture satisfies the "fracture" category of §5102(d) as a matter of law: any fracture of the clavicle confirmed by X-ray, CT, or MRI taken after the accident is a per se serious injury under New York law. The fracture category does not require the plaintiff to separately prove significant limitation, permanence, or inability to perform daily activities — the confirmed fracture is itself the serious injury. This per se status is critically important because insurers routinely argue that clavicle fractures are "minor" injuries that heal without long-term consequences.
A knowledgeable Long Island clavicle fracture attorney will prevent the insurer from minimizing the fracture and will simultaneously build the record for the additional §5102(d) categories that apply in more complex cases: significant disfigurement applies when the visible deformity from a malunited clavicle — the cosmetic bump at the fracture site — is significant and observable; permanent consequential limitation of use of a body organ or member and significant limitation of use of a body function or system apply when the fracture results in permanent restricted shoulder range of motion, overhead strength deficit, or rotator cuff dysfunction documented by the treating orthopedic surgeon with goniometric ROM measurements at each follow-up visit, as required under Toure v. Avis Rent A Car System, Inc. (98 NY2d 345).
If the vehicle that caused the accident was a government-owned vehicle — a municipal bus, MTA bus, school bus, sanitation truck, highway department vehicle, or police car — you must file a Notice of Claim under General Municipal Law §50-e within 90 days of the accident. Failure to file the Notice of Claim within this strict deadline will bar your claim against the government entity. Your attorney must identify all potentially liable government entities immediately after the accident. Visit our Long Island car accident lawyer page for more information about how New York no-fault insurance works and the general claims process following a car accident on Long Island or in New York City.
Representative Clavicle Fracture Results
Past results do not guarantee future outcomes. Each case is evaluated on its own facts.
$420K
Displaced Midshaft Clavicle + ORIF
High-speed rear-end collision caused a displaced, comminuted midshaft clavicle fracture confirmed on AP and cephalic-tilt X-ray; open reduction internal fixation with superior locking plate performed within 7 days; plaintiff, a 41-year-old electrician, documented permanent 35% overhead strength loss and chronic AC joint pain; vocational expert documented $195K in earning capacity loss from inability to perform overhead electrical work.
$310K
Distal Clavicle Type II Fracture + ORIF + Brachial Plexus
T-bone collision caused Neer Type II distal clavicle fracture with complete CC ligament disruption plus lower trunk brachial plexus neuropraxia; ORIF with coracoclavicular fixation performed; plaintiff developed persistent grip weakness and ulnar paresthesia; electrodiagnostic study confirmed brachial plexus injury; orthopedic and neurological experts documented permanent limitations satisfying multiple §5102(d) categories.
$255K
Clavicle Malunion Requiring Re-do Surgery
Initial sling treatment of displaced middle-third fracture resulted in malunion with 2.1 cm shortening and symptomatic AC joint dysfunction; corrective osteotomy with plate fixation performed 14 months post-accident; plaintiff, a 35-year-old construction foreman, documented permanent restricted shoulder elevation; treating orthopedic surgeon documented significant functional limitation satisfying §5102(d).
$185K
Clavicle Fracture + Pneumothorax + Rib Fractures
Frontal collision with airbag deployment caused left clavicle fracture, pneumothorax requiring chest tube placement, and fractures of ribs 3 and 4; multi-trauma hospitalization with intensive care admission; plaintiff's treating pulmonologist documented residual exercise-induced dyspnea; multiple fracture categories and significant limitation category both satisfied under §5102(d).
$145K
Seatbelt Clavicle Fracture + Conservative Treatment
Direct seatbelt impact in frontal collision caused midshaft clavicle fracture managed with figure-of-8 brace; radiographic healing at 12 weeks but persistent pain and restricted overhead range of motion documented by treating orthopedic surgeon at 18 months; physiatrist documented permanent 25% ROM restriction satisfying significant limitation category; fracture per se category also satisfied.
$90K
Medial Clavicle Fracture + Sternoclavicular Pain
Rear-end collision caused medial third clavicle fracture at the sternoclavicular joint; CT confirmed fracture without posterior displacement; managed conservatively; plaintiff developed post-traumatic sternoclavicular arthritis confirmed on CT at 12 months; treating physician documented permanent sternoclavicular joint pain on palpation and restricted shoulder protraction; permanent consequential limitation category satisfied.
Factors That Increase Clavicle Fracture Claim Value
Not all clavicle fracture claims are equal. Several factors — medical, occupational, and legal — significantly increase the value of a collarbone fracture case in New York:
ORIF Surgery with Locking Plate
Open reduction internal fixation with a locking plate adds $15,000 to $30,000 in surgical medical expenses, strengthens the permanence argument (virtually all ORIF patients have some measurable residual ROM or strength deficit), and demonstrates to a jury or adjuster that the fracture was severe enough to require surgery. Hardware removal — a second procedure required for migrating intramedullary pins and sometimes for prominent plates causing skin irritation — adds additional recoverable medical expenses and recovery time.
Brachial Plexus Involvement
Brachial plexus neuropraxia or axonotmesis accompanying a clavicle fracture adds a neurological injury layer that independently satisfies the permanent consequential limitation or significant limitation categories of §5102(d), requires electrodiagnostic evaluation (NCS and EMG), and often requires prolonged physical and occupational therapy for neurological recovery. In cases of incomplete recovery, the permanent grip weakness, paresthesia, or shoulder abductor deficit is independently compensable and significantly increases claim value.
Malunion Requiring Corrective Osteotomy
Malunion with shortening greater than 15 mm — particularly in a patient initially treated non-operatively who later develops symptomatic shoulder dysfunction — may require corrective osteotomy: the malunited clavicle is re-fractured, re-aligned, and fixed with a plate and bone graft. This is a significantly more complex surgical procedure than primary ORIF, with longer recovery and higher complication rates. The progression from non-operative treatment to delayed surgery increases the overall medical expense and the permanence documentation in the claim.
Occupation Requiring Overhead or Heavy Work
Construction workers, electricians, ironworkers, plumbers, HVAC technicians, firefighters, law enforcement officers, nurses, physical therapists, and overhead athletes all depend on full overhead shoulder elevation and rotator cuff strength for their occupation. When a clavicle fracture results in permanent restrictions preventing return to these occupations, a vocational economist can calculate the present value of lifetime earning capacity loss — which in high-wage trades can exceed $500,000 to $1,000,000 — dominating the damages calculation.
Evidence Preservation: Imaging, Surgical Records, and Physical Therapy Notes
Preserve all imaging studies — the original digital DICOM files, not just the radiology reports — along with the operative report from any surgery, the anesthesia records, the implant stickers showing the specific plate and screw system used, physical therapy discharge summaries, and any functional capacity evaluation. These records are the foundation of the damages case and should be requested from every treating facility within 60 to 90 days after the accident, before records are purged or facilities become uncooperative. Your attorney should send preservation letters to all facilities and request records on a rolling basis.
Frequently Asked Questions
Answers to common questions about clavicle fracture car accident claims in New York.
How long does a broken collarbone take to heal after a car accident?
Most clavicle fractures managed non-operatively heal within 6 to 12 weeks with radiographic evidence of callus formation, but functional recovery — the restoration of full shoulder strength and range of motion — typically takes 3 to 6 months. Middle-third fractures treated with a sling or figure-of-8 brace generally show radiographic healing by 8 to 12 weeks in adults, though the bony callus visible on X-ray does not indicate full structural strength. Displaced fractures, comminuted fractures, and fractures in older adults heal more slowly. Distal clavicle fractures, particularly Neer Type II fractures with coracoclavicular ligament disruption, carry the highest non-union rate among clavicle fractures — estimated at 22 to 33% when treated non-operatively — making surgical fixation the preferred approach. Clavicle fractures treated with ORIF (open reduction internal fixation with a superior or anterior-inferior locking plate) typically require 12 to 16 weeks for bony union and 4 to 6 months of physical therapy before return to full overhead activity. In the legal context, the treating orthopedic surgeon should document at each follow-up visit the radiographic healing status, the range of motion measurements, the strength assessments, and any persistent symptoms. Delayed union beyond 16 weeks and non-union — failure of radiographic healing after 6 months — are complications that significantly increase the medical treatment burden and strengthen the permanence argument for the §5102(d) serious injury threshold in a New York car accident claim.
Can I sue for a clavicle fracture from a car accident in New York?
Yes. A clavicle fracture from a car accident in New York satisfies the "fracture" category under New York Insurance Law §5102(d), which is one of nine enumerated serious injury categories that must be established to bring a claim for pain and suffering in a New York no-fault automobile accident case. The fracture category is a per se serious injury — meaning that if your treating physician and radiologist confirm a fracture of the clavicle (collarbone) on X-ray, CT scan, or MRI taken after the accident, you have met the serious injury threshold as a matter of law without separately proving significant limitation of use or the 90/180-day category. This is significant because clavicle fractures are among the most common car accident injuries and are sometimes minimized by insurers as "minor" injuries despite causing significant pain, functional limitation, and in many cases permanent residual deficits. To pursue a claim, you need: (1) a confirmed diagnosis of the clavicle fracture by a licensed medical provider, (2) documentation of the causal connection between the accident and the fracture, and (3) a record of your medical treatment, lost wages, and ongoing limitations. Even if your fracture healed without surgery, you can recover for the pain and suffering during the healing process, any permanent restriction of shoulder motion, and any cosmetic deformity from malunion. For fractures requiring ORIF surgery, brachial plexus involvement, or malunion requiring corrective osteotomy, the value of the claim increases substantially. You must also file a no-fault application within 30 days of the accident and file a lawsuit within 3 years under CPLR §214.
What is a clavicle fracture worth in a New York car accident case?
The value of a clavicle fracture claim in New York depends on several factors: whether surgery (ORIF) was required, whether there are associated injuries (brachial plexus, pneumothorax, rib fractures), whether the fracture resulted in malunion with shortening or non-union requiring re-do surgery, and the plaintiff's occupation and the functional impact of any permanent limitations. Non-operative clavicle fractures with full recovery typically settle in the range of $75,000 to $150,000, accounting for pain and suffering during healing, physical therapy costs, and any lost wages. Clavicle fractures requiring ORIF surgery generally settle in the range of $150,000 to $350,000, reflecting the surgical costs ($15,000 to $30,000), the longer recovery, and the permanent residual deficits in overhead strength and range of motion common even after technically successful plating. High-value clavicle fracture cases — those settling above $350,000 or proceeding to verdict — typically involve one or more of the following: brachial plexus injury with neurological deficits including grip weakness, hand numbness, or shoulder abductor weakness; malunion with significant shortening (over 15 mm) requiring corrective osteotomy; non-union requiring re-do surgery with bone grafting; or a plaintiff whose occupation — construction, trades, overhead athlete, first responder — requires full shoulder function and who has documented permanent restrictions preventing return to that work. These cases require vocational expert analysis of earning capacity loss, life care planning for future medical needs, and often biomechanical expert reconstruction of the accident forces. Under New York law, both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering, loss of enjoyment of life) are recoverable once the §5102(d) serious injury threshold is satisfied.
Do I need surgery for a broken collarbone from a car accident?
Not all clavicle fractures require surgery — in fact, the majority of middle-third (midshaft) clavicle fractures are initially managed non-operatively with a sling for 6 to 8 weeks, and the majority heal without surgical intervention. However, several fracture characteristics make ORIF (open reduction internal fixation) the preferred treatment and increase both medical risk and claim value. Surgical indications for clavicle ORIF include: (1) displacement greater than 100% of the bone width — meaning the fracture ends are completely offset with no cortical contact; (2) shortening greater than 15 to 20 mm, which is associated with significantly higher rates of malunion, persistent shoulder weakness, and cosmetic deformity; (3) comminution (fragmentation into three or more pieces), which is unstable and tends toward shortening during healing; (4) Neer Type II distal clavicle fractures with complete disruption of the coracoclavicular ligaments, which have a non-union rate of 22 to 33% without surgery; (5) open fractures or fractures with skin tenting threatening skin integrity; and (6) associated neurovascular injury including brachial plexus compromise or subclavian vascular injury requiring exploration. Intramedullary pin fixation (elastic nailing) is an alternative to plate fixation for some midshaft fractures, offering a smaller incision but with higher rates of hardware migration. Hardware removal is required for pins and is sometimes performed for prominent plates causing skin irritation. If your surgeon recommends non-operative treatment but your fracture shows significant displacement or shortening on imaging, you should request an orthopedic consultation specifically with a shoulder or trauma specialist to confirm whether surgery is the appropriate treatment for your specific fracture pattern.
What complications can arise from an untreated or improperly treated clavicle fracture?
Several serious complications can develop from a clavicle fracture that is inadequately diagnosed, delayed in treatment, or that develops unfavorable healing — each with significant implications for both ongoing medical treatment and legal claim value. Malunion — healing with deformity — is the most common complication of non-operatively treated displaced clavicle fractures: when the fracture heals in a shortened or angulated position, the shoulder girdle geometry is altered, producing chronic shoulder weakness, restricted overhead elevation, cosmetic deformity from the visible bump at the fracture site, and in some cases thoracic outlet syndrome (TOS) from compression of the subclavian vessels or brachial plexus by the abnormal callus or shortened clavicle. Non-union — failure to heal after 6 months — occurs in approximately 1 to 5% of clavicle fractures overall but in 22 to 33% of unstabilized Neer Type II distal fractures; treatment requires ORIF with bone grafting and carries higher complication rates than primary fixation. Post-traumatic AC (acromioclavicular) joint arthritis and SC (sternoclavicular) joint arthritis develop over months to years following fractures near these joints and produce chronic joint pain and restricted shoulder motion. Hardware failure — plate breakage or screw pullout — can occur with ORIF, requiring revision surgery. Brachial plexus injuries, particularly lower trunk injuries producing hand weakness and ulnar paresthesia, may accompany clavicle fractures from high-energy mechanisms and require electrodiagnostic evaluation (nerve conduction study and EMG) to characterize the extent and prognosis of the neurological injury. Pneumothorax — lung puncture by the fractured clavicle — is a life-threatening complication requiring emergency management and is associated with higher-energy fracture mechanisms including frontal motor vehicle collisions. All complications must be documented by treating physicians and addressed in permanence opinion letters to maximize the value of the legal claim.
Does workers' compensation cover clavicle fractures sustained by delivery drivers in New York?
Yes. If you sustained a clavicle fracture while working as a delivery driver, rideshare driver, or any other employee operating a vehicle in the course of your employment in New York, you are entitled to workers' compensation benefits under the New York Workers' Compensation Law regardless of fault. Workers' compensation covers medical expenses for treatment of the clavicle fracture — including ORIF surgery, physical therapy, and any related care — as well as temporary disability benefits equal to two-thirds of your average weekly wage (capped at the statewide average weekly wage) during the period you are unable to work. Permanent partial disability benefits are available if you sustain a permanent loss of use or permanent functional impairment of the shoulder following the fracture. However, workers' compensation is not your only avenue of recovery. If the accident was caused by a third party — another driver, a vehicle manufacturer in a defect case, a property owner responsible for a road defect, or a government entity responsible for a dangerous road condition — you may pursue both a workers' compensation claim AND a personal injury lawsuit against the responsible third party. New York does not permit suing your own employer for a work accident (with limited exceptions), but a third-party personal injury claim is not barred by the workers' compensation exclusivity rule. The workers' compensation carrier will assert a lien against any third-party recovery, but your net recovery from the third-party lawsuit — including pain and suffering, which workers' compensation does not cover — will typically far exceed workers' compensation benefits alone. A workers' compensation claim must be filed within 2 years of the accident; a third-party personal injury claim must be filed within 3 years under CPLR §214.
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Jason Tenenbaum, Esq.
Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.
Broke Your Collarbone in a Long Island Car Accident?
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