Workers’ Compensation Information for Employers
Overview
On July 26, 2008, Governor Paterson signed legislation that created the Independent Livery Drivers Benefit Fund (ILDBF). The ILDBF provides workers’ compensation benefits for serious injuries and crimes committed against drivers dispatched by qualifying independent livery bases licensed in Westchester, Nassau and New York City. As of January 1, 2010, in order to obtain, renew or retain a license, each base must provide its Taxi and Limosine Commission (TLC) with proof of a workers’ compensation policy for its drivers or a certificate that they are a member of the ILDBF.
To become a member of the ILDBF, an application and affirmation must be completed and submitted to Hereford Insurance Company (the insurance company for the ILDBF) along with payment of premium based on the number of affiliated vehicles.
Livery Base Requirements
Every independent livery base applying for membership in the ILDBF must affirm that all the following criteria have been adapted as operating procedures of the base and that each registrant/driver has been informed of these procedures.
- The livery base is not classified by the governing TLC as a black car base or luxury limousine base and is not a member of the New York Black Car Operators' Injury Compensation Fund, Inc.
- All livery drivers dispatched by the livery base provide and determine their own clothing.
- All livery drivers dispatched by the livery base set their own hours and days of work.
- All livery drivers choose which dispatches or fares to accept, and no livery driver suffers any consequence from the livery base for failing to respond to the base's dispatch, except that every livery driver must comply with all requirements of their governing taxi and limousine commission regarding acceptance of dispatches, fares, trips, passengers and destinations and a livery base may temporarily deny access to its dispatches for failing to respond to a dispatch in violation of local and state laws and governing taxi and limousine commission rules and regulations regarding refusing dispatches.
- All livery drivers may affiliate with one or more other livery bases, except if prohibited by rules or regulations of the governing taxi and limousine commission.
- Either the livery driver or livery base may terminate their affiliation at any time, except that a livery base must terminate its relationship with the livery driver in accordance with any rules and regulations of the governing taxi and limousine commission.
- The livery base is not, directly or indirectly, including through any director, shareholder, partner, member or officer, the owner or registrant of more than 50 percent of the liveries dispatched by the livery base.
- The livery base is not, directly or indirectly, including through any director, shareholder, partner, member or officer, paying or participating in paying for the purchase, maintenance, repair, insurance, licensing, or fuel, of more than 50 percent of the liveries dispatched by the livery base.
- No livery driver dispatched by the livery base receives an Internal Revenue Service form W-2 from such base, or is subject to the withholding of any federal income taxes by the livery base, except a livery base that is the owner or registrant of less than 50 percent of the liveries dispatched by that livery base meets the criteria of the next paragraph.
- If the livery base is the owner or registrant of less than 50 percent of the liveries dispatched by that livery base and it issues an Internal Revenue Service form W-2 to a livery driver or livery drivers, or withholds any federal income taxes for a livery driver or livery drivers, such livery base provides workers’ compensation coverage for that livery driver or those livery drivers that is separate from the ILDBF.
- The livery base does not impose any fines or penalties or both on any livery drivers, except the livery base may impose fines or penalties or both on a livery driver for violating the rules and regulations of the governing taxi and limousine commission regarding the conduct of livery drivers while performing their duties.
Additional Information
Part 309 of Title 12 NYCRR - Independent Livery Driver Benefit Fund
Taxi/Livery Workers' Compensation Coverage
Taxi/Livery Disability and Paid Family Leave Benefits Coverage