Workers compensation law protects employees from injury and illness, provides for their medical care, compensates them for lost wages, and reduces employers’ liability for work-related accidents. However, many employers and insurance companies dispute valid claims, making it vital for the injured worker to have an attorney by their side.
What Are the Employees Covered by Workers Compensation?
Almost all workers in New York are covered by the state’s workers compensation law. In some cases, this includes those employed by the city, state and federal governments.
Employees include those under any contract of hire, as well as aliens who are authorized to work in New York or by the employer. They also include minors, independent contractors, and people working for non-profit organizations.
Employers with three or more employees must carry workers’ compensation coverage for their full-time and part-time workers, permanent or temporary. Those with two or fewer employees, farm laborers, and real estate agents are exempt.
Sole proprietors are not required to be covered, but may choose to do so. Other exemptions include domestic workers earning less than $225 per quarter, certain twenty-five percent stockholders and all fifty percent stockholders, and real estate salespersons paid on a commission basis.
Special Rules and Eligibility
The most basic rule is that all employers must carry workers’ compensation insurance. Exceptions to this rule include sole proprietors, partners, and corporate officers.
Other exceptions to the requirement for coverage include non-profit, charitable or education organizations. Students who perform services for schools, university clubs or colleges in exchange for room and board are also not considered employees.
Agricultural office workers, other than migrant laborers, and owners of large tractor-trailer vehicles are also excluded.
In addition, some employees may be exempt from the state’s laws, such as uniformed police, fire and sanitation personnel in New York City; New York City teachers; seamen and longshore workers; and some employees of the federal government.
The question of whether an employee or independent contractor is covered by workers compensation depends on the facts in each case. An experienced attorney can help you determine your eligibility and make sure you receive the appropriate benefits.
What if My Employer Refuses to Provide Insurance?
When your employer declines to provide workers’ compensation coverage, you should file a claim with the state-run board in your area. The board will then decide if you have a valid claim and if so, what to do next.
Depending on the circumstances, you may be eligible for additional benefits such as medical treatment and rehabilitation, disability pay, or death benefits. The award you receive is usually based on a percentage of your average weekly earnings before the accident or disease.
There are many types of work-related injuries, but most involve a physical or mental injury or disease that occurs on the employer’s premises. These can include a slip and fall at the office, a work-related car accident, or a job-related illness.
