Can I get workers’ compensation if my employer is based outside of NY?

One question that many workers have is in regards to whether they are eligible for workers’ compensation benefits if they are an employee in New York State but their employers are not based in New York State. All out-of-state employers that have employees working within New York State are required by law to carry a full workers’ compensation policy for New York. This requirement was established in 2007. This is applicable to employers who meet any of the criteria listed:

  • The employer had workers physically in New York for at least 40 hours a week for at least 2 consecutive weeks
  • The employer had workers physically present in New York for 25 or more individual days, even if it is just 5 employees working for 5 days each
  • The employer was required to pay unemployment insurance or register with the Department of Labor in New York State
  • The employer has a physical location within New York State and/or has employees that work there most of the time
  • The employer has a work permit, contract or license to perform work in New York

It is important to note that employers who have employees that simply drive through New York for deliveries or pick-ups and do not work entire days here are not eligible for workers’ compensation benefits.

If you have questions about whether you are eligible for benefits, contact our firm today.

The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.