Workplace accidents happen often, and they can have serious repercussions. If you have been injured at work, you may be entitled to workers’ compensation. Workers’ compensation is insurance that provides employees with cash benefits and/or medical care in the event that they become injured or ill directly because of their job. This insurance is paid by employers and does not require the employee to contribute to the cost of compensation. It is owed in weekly cash benefits and medical care from the employer’s insurance carrier, as directed by the Workers’ Compensation Board. If you have been injured on the job, you will need to retain the help of an experienced workers’ compensation attorney. Read on to learn more.
What Is New York Workers’ Compensation?
New York, like the vast majority of states, requires most employers to carry workers’ compensation insurance to help provide financial support for employees who are injured on the job or fall ill due to work-related conditions. This is a no-fault system, meaning employees are eligible to recover compensation regardless of whether or not their employer’s negligence caused the injury.
Workers’ compensation can help provide hurt and sick employees with payment to cover the cost of medical care, a portion of the wages lost, and disability benefits if the condition impacts a worker’s long-term ability to work. It’s necessary to understand that employers are responsible for paying for this insurance, as employees do not contribute to premiums or upfront policy costs.
Who Is Covered Under New York’s Workers’ Compensation System?
Under New York workers’ comp law, only eligible employees are able to recover compensation if they are injured or fall ill on the job. However, the definition of an employee under New York law is broad, meaning a vast majority of those who work in or around New York City are eligible for compensation following a work-related injury. It’s important, however, to understand that coverage eligibility will depend on the employment relationship, not just the title of the job held.
Employees of For-Profit Business
- Full and part-time employees working for for-profit businesses
- Family members working in a for-profit company
- Borrowed or leased employees through staffing agencies
- Volunteers working for a for-profit business in a similar role to paid employees
Those working for a for-profit company will find they are generally eligible for workers’ compensation from their first day on the job.
Public Sector Employees
- New York State government employees
- County and municipal workers, especially those who perform tasks considered “hazardous”
- Most public school employees, including administrators, teachers, and aids
Domestic and Household Workers
- Domestic workers employed 40 or more hours per week by the same employer
- Live-in domestic workers, like housekeepers and some full-time caregivers
- Nannies and babysitters who meet the hourly threshold
Agricultural and Farm Workers
- Farm workers are employed by qualifying agricultural companies
- Those whose tasks include planting, cultivating, or harvesting
- Those involved in handling livestock or farm equipment
Common New York Jobs Typically Covered
- Construction workers, electricians, and plumbers
- Restaurant staff
- Home health aides and nursing assistants
- Warehouse workers and delivery drivers
- Office employees and administrators
- Retail workers
Nonprofit and Special Worker Categories
- Most paid employees working at nonprofits
- Certain volunteers viewed as employees under New York State Law
- Corporate officers, when a corporation has more than two officers or stockholders
- Officers of small corporations may be covered unless they opt out
Special Benefits System for Emergency Volunteers
Some workers have protections under other New York laws rather than the standard workers’ compensation system. Those who serve as volunteer firefighters or ambulance workers are generally eligible for separate benefits if they are injured or killed while acting in this capacity. These benefits are functionally similar to traditional workers’ comp, as they provide medical coverage and financial compensation.
Who Is Not Covered by New York Workers’ Compensation?
While you’ll find that the vast majority of workers in and around New York City are eligible to recover compensation through the workers’ comp system, there are certain important exceptions. As such, you’ll find that misclassification accusations are common, especially for those working as independent contractors or freelancers.
Commonly Excluded Workers
- Independent contractors who own and operate their own business
- Unpaid volunteers for nonprofit organizations
- Certain clergy and religious officials
- Real estate agents and other sales associates are paid solely by commission
- Casual or minor employment situations that fall outside of the scope of these definitions
It’s important to understand that, even if an employer claims a worker is an independent contractor, they may be found to be a legal employee due to the nature of their work by the Workers’ Compensation Board.
When an Independent Contractor May Still Be Covered
A worker may be legally considered an employee, meaning they are eligible for workers’ compensation coverage, even if they are deemed an independent contractor by their employer. As such, the Workers’ Compensation Board will consider:
- If the employer sets the worker’s schedule
- If the employer provides a uniform and tools
- Whether the employee performs services that align with the company’s core business
- How the employee is paid
- If the employee has the right to work for competitors
If an employer controls how and when an independent contractor does their job, the worker may be deemed an employee under New York law.
How to Find Out If You Are Covered in NYC
If you are unsure whether or not you are covered under the New York workers’ compensation system, there are steps you can take to determine whether or not you are eligible to file a claim in the event you are injured or fall ill.
Practical Steps to Confirm Coverage
- Check your employee handbook for the legally required workers’ compensation notice
- Ask your employer or Human Resources department for the name of their insurance carrier
- Review your pay structure and job duties to determine if you have been misclassified
- Contact the New York Workers’ Compensation Board to obtain guidance
When Legal Help May Be Required
- Your employer says you are not covered, but you believe you are eligible
- Your claim is denied due to your employment status
- Your employer classifies you as an independent contractor, but you work under employer control
- Your benefits are denied, delayed, or reduced
How To File a Workers’ Compensation Claim in New York City
If you are injured or fall ill on the job, regardless of whether or not your employer was negligent, understanding how to pursue compensation for the damages you deserve is critical.
Claim Filing Steps
- Notify your employer of the injury as soon as possible (within 30 days, under New York workers’ compensation law)
- Seek medical treatment and inform the doctor of the conditions that caused the injury
- File Form C-3 with the Workers’ Compensation Board
- Retain all copies of medical reports and income
- Adhere to all orders from your medical provider
Contact an Experienced New York City Workers’ Compensation Attorney Today
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, and Social Security Disability law firm with offices in Queens and the Bronx. We understand the implications of a serious accident, which is why we take pride in tenaciously representing our clients. If you require strong legal representation, contact our firm today to schedule a free consultation.