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.
Apply for Membership
The 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. If you have not received an invoice for the premium, contact Hereford Insurance at:
Hereford Insurance Company
36-01 43rd Avenue, 2nd Fl.
Long Island City, NY 11101
Phone: (718) 361-9191
www.herefordinsurance.com
Application Forms
- Application for Membership (MS Word)
- Affirmation of Livery Base Operator in Support of Application for Membership (MS Word)
- Letter regarding the NYS Independent Livery Drivers Benefit Fund (MS Word)
FAQs
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What is the Independent Livery Drivers Benefit Fund (ILDBF)?
A non-profit corporation established by New York State legislation to ensure coverage of certain injuries.
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What types of injuries are covered?
Injuries resulting in death; amputation or loss of arm, leg, hand or foot, multiple fingers, index finger, multiple toes, ear, nose; paraplegic; quadriplegic; total, permanent blindness and deafness; or as a result of a crime against livery driver.
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How much will it cost to join ILDBF?
It is expected that membership in the ILDBF will cost between $250 and $300 per car. Base operators also have the choice to purchase a full workers’ compensation policy at a cost of approximately $1,300 to $1,500 per car.
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Who is covered by the fund?
Drivers while on dispatch from an independent livery base that has joined the fund. All other employees, dispatcher, and office workers must be covered by a separate workers’ compensation policy.
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How do I join the ILDBF?
- Resolve all debt with the workers’ Compensation Board.
- Sign an affirmation attesting eligibility to become a member.
- Complete an application along with payment to fund insurance carrier and submit along with payment.
Certification will be provided upon approval of membership.
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Where do I get an affirmation form?
Download the Affirmation of Livery Base Operator in Support of Application for Membership (MS Word) from our website, or you may contact:
Hereford Insurance Company
36-01 43rd Avenue, 2nd Fl.
Long Island City, NY 11101
Phone: (718) 361-9191 -
Why must a base have joined the fund or obtained a full workers’ compensation policy by 1/1/10?
Pursuant to a law change, the section that created the ILDBF makes livery bases employers of all the drivers they dispatch for the purpose of workers’ compensation.
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What happens if bases don't have full workers’ compensation?
Bases must provide the TLC with proof of full workers’ compensation for drivers. Bases that aren't covered or don't provide workers’ compensation are subject to enforcement actions including the following:
- Revocation of license to operate as a base.
- Stop Work Order.
- Civil fines from workers’ compensation at a rate of $2,000 for every ten days for failure to provide workers’ compensation coverage.
- Responsibility for medical and wage benefits for all injuries to any affiliated drivers.
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What will I need to obtain a new livery base license in New York City, Westchester County and Nassau County?
A livery base must provide proof of membership in the ILDBF or a full workers’ compensation policy that includes coverage for drivers. If proof of membership in ILDBF is produced, the base will also need to produce workers’ compensation coverage for non-driver workers, or obtain a Certificate of Attestation of Exemption (Form CE-200).
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How do I find out if I have debt with the workers’ Compensation Board?
Call (866) 298-7830.
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What are the Board's plans for collecting debt?
There are two types of debt to the Board: money owed for civil penalties or for money paid from the Uninsured Employers Fund (UEF) relating to uninsured claims.
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How do I file a claim for benefits with the ILDBF?
If you are injured on the job, you should file a claim with the workers’ Compensation Board as soon as possible to ensure your benefits are not delayed or interrupted. You must also notify, in writing, your dispatching base and the ILDBF through its insurance carrier (Hereford Insurance Company, see below) of when, where and how you were injured or became ill.
Remember: You must file a claim within two years of the accident. You must also notify your employer if you are hurt on the job.
Death Claims
When an injured worker dies due to a work-related injury/illness, if you are a dependent as defined by law or if you paid for funeral expenses, you should file a Claim for Compensation in Death Case (Form C-62), along with the appropriate documentation, to the Board.
To notify the ILDBF of a claim, contact: Hereford Insurance Company
36-01 43rd Avenue, 2nd Fl.
Long Island City, NY 11101
Phone: (718) 361-9191
www.herefordinsurance.com
Contact the Fund
Independent Livery Drivers Benefit Fund
c/o The Shanker Law Firm, P.C.
44 Wall Street - 12th Floor
New York, NY 10005
Website: New York Independent Livery Driver Benefit Fund
Fund Insurance Provider Hereford Insurance Company
36-01 43rd Avenue, 2nd Fl.
Long Island City, NY 11101
Phone: (718) 361-9191
Additional Information
Part 309 of Title 12 NYCRR - Independent Livery Driver Benefit Fund