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Workers' Compensation in NY: Who is Covered?

If you were injured on the job or if you are suffering due to an occupational disease, you should definitely consider your options, which includes filing a workers’ compensation claim through your employer’s insurance. In fact, when you’re injured in a workplace accident, that’s the first place you should look for the compensation you deserve.

The question is, who is covered by workers’ compensation in New York? “What if I’ve only been at my job for a few weeks or months? What if the accident was my fault? What if I work for a small company? What if my employer doesn’t want me to file a claim?” Read on to learn more about who is covered by New York’s workers’ compensation law.

Are You Covered by the Law?

“Virtually all employers in New York State must provide workers’ compensation coverage for their employees,” according to the New York Workers’ Compensation Board. So, who is NOT covered? The following workers are not covered by workers’ compensation:

  • Individuals who volunteer for non-profit organizations and are not paid for their services.
  • Ministers, priests, rabbis, and other members of religious orders.
  • People who teach for non-profit religious, charitable and educational institutions.
  • Workers who are covered by a different workers’ compensation system, such as federal employees, railroad workers, and maritime workers.
  • The spouse of a farmer as long as they are not in a contract for hire.
  • A farmer’s minor children as long as they are not in a contract for hire.
  • New York City firefighters, police officers, and sanitation workers.
  • Some law enforcement officers and firefighters from other municipalities.
  • Certain real estate agents.
  • Independent contractors who work for the media.
  • Independent contractors who are insurance agents and brokers.

Do you see yourself on this list of excluded workers? Whether or not you believe you are covered by workers’ compensation insurance, we encourage you to contact our firm to discuss your legal options. Even if you are not covered by workers’ compensation, you still may be able to file a claim against a legally-liable third party, such as a property owner, a business owner, or the manufacturer of a defective product.

Looking for a personal injury attorney in Saratoga Springs? At DeLorenzo, Grasso & Dalmata, LLP, we’re here to guide you through the claims process. Contact us today.