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Who is Covered by Workers' Compensation in New York?

If you were recently injured on the job, or if you discovered that you are suffering from an occupational disease, you may be wondering if you are covered by workers' compensation. Here, we're going to explain the New York workers' compensation system, and which employees are covered.

Workers' compensation is a type of insurance that pays cash benefits and/or pays for medical care when workers are injured or suffering from an illness as a result of their employment.

The way it works is employers pay for the insurance, and they cannot require that employees contribute to the cost of coverage. When a worker is eligible for workers' comp, then cash benefits and medical care is paid for by their employer's insurance company.

The Workers' Compensation Board is the state agency that processes workers' compensation claims in New York. If a claim is denied, the Board will intervene and determine whether an injured worker should receive cash benefits and/or medical care through the employer's workers' compensation insurance, and if so, how much they are entitled to receive.

Who is Covered by Workers' Compensation

If you were injured in a work-related accident in New York, then there's a good chance that you are covered. This is because virtually every employee in New York is covered by workers' compensation.

Those who are NOT covered, include but are not limited to:

  • Volunteers who work for nonprofit organizations and receive no compensation for their services.
  • Clergy members of religious organizations who perform religious duties.
  • People who teach for a charitable, nonprofit, or religious institution.
  • People who work in a non-manual capacity for nonprofit, religious or charitable organizations.
  • The spouses and minor children of farmers.
  • People who do casual chores, including yard work for a family. However, coverage is required when minors operate powered machinery.
  • Certain real estate salespersons.
  • Certain brokers or insurance agents who are independent contractors.

Are you an employee of a for-profit business in New York? Generally, employees who provide services for for-profit businesses are considered "employees" under New York workers' compensation law, and are therefore covered by workers' compensation insurance.

Looking for a Schenectady workers' compensation attorney? Contact DeLorenzo, Grasso & Dalmata to work with a team with 75 years of combined experience. We're available 24 hours a day, 7 days a week for our clients.