If you were recently injured on the job, there is a strong possibility that you are covered by workers’ compensation insurance. Workers’
compensation is paid for by employers, and provides medical care and/or cash benefits to workers who are injured at work, or who suffer from an occupational disease.
If you believe that you may have been partially at fault, there is no need for concern. Under New York’s workers’ compensation laws, no one party is legally “at fault,” meaning, the amount of benefits that a claimant receives isn’t reduced by their own carelessness.
Which employees are entitled to benefits?
In New York, the vast majority of employers are required by law to carry workers’ compensation coverage for their employees (WCL §2 and
3). The following types of employees are covered by workers’ compensation:
- All workers in employment that is conducted for-profit. This includes part-time
and full-time workers, family members and volunteers working for a for-profit company.
- County and municipality employees who perform “hazardous” work.
- Public school teachers and aides.
- State employees, including some volunteer workers.
- Domestic workers, including live-in maids who work 40 or more hours per week.
- Most works who receive compensation from a non-profit organization.
While workers’ compensation seems all-encompassing, there are exclusions that apply. For example, those who volunteer for a non-profit organization and who don’t receive compensation are not covered.
Other workers not covered by workers’ compensation, include but are not limited to:
- Religious members who are carrying out religious duties.
- People who teach for a nonprofit religious, educational, or charitable
- People who work for a nonprofit, religious, or educational institution
who do not engage in manual labor (e.g. mowing, playing musical instruments,
shoveling snow, and mowing lawns).
- Certain individuals who work in real estate.
- Some insurance agents or brokers who are independent contractors.
- Individuals, including minors who do yard work or casual chores for a family
(without regularity). However, if a minor handles a lawnmower or another
power-driven mechanical device, coverage is required.
Do you have more questions about workers’ compensation coverage? Schedule your free consultation with a New York workers’ compensation attorney at Katz, Leidman, Freund & Herman.
Over the past 50 plus years, they have collected hundreds of millions of dollars on behalf of their clients. To see for yourself, read the firm’s client