NY Workers' Comp: Who is Not Covered?

Posted By Katz Leidman Grossman Wolfe & Freund || 23-Mar-2017

Accidents happen in the workplace and in the course of one’s work all too often. Whether it’s a car accident that led to broken bones, a machine accident that amputated a hand, a repetitive motion injury that caused carpal tunnel syndrome, a back injury that required surgery, or a fall that led to a spinal cord injury and quadriplegia, workplace injuries and occupational diseases can change a worker’s quality of life permanently.

Fortunately, legislatures enacted workers’ compensation laws, which provide valuable benefits to injured and sickened workers who were harmed while performing their work duties. Workers’ compensation is a no-fault system that allows injured workers to collect benefits regardless of who’s at-fault for the accident or injury.

Such benefits cover a portion of the worker’s wages, as well as medical bills, surgery (where applicable), and prescriptions. Clearly, workers’ compensation coverage is critical to the health and wellbeing of employees, but do all workers qualify for this coverage? While most workers are covered, not everybody is entitled to it.

Who is not covered by workers’ comp in New York?

  • Golf caddies,
  • Farm laborers,
  • Maritime workers,
  • Government employees,
  • The employer’s minor child,
  • Independent contractors, including insurance and real estate agents,
  • Spouses of employers who file a spousal exclusion form,
  • Religious workers, such as priests, pastors, and rabbis,
  • People who volunteer for non-profit organizations, and
  • Domestic workers who work in a private home less than 40 hours a week and who do not live on the premises.

Are you concerned that you are not a covered employee? Even if you fall into one of the above categories of workers, it doesn’t mean that all hope is lost. If you sustained a workplace injury, we urge you to contact our firm to schedule a consultation with a New York workers comp' lawyer. With over 50 years of collective experience, we can answer your questions and give you the direction you need in your case.