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Which employees are covered by workers' compensation in New York?

Workers' compensation benefits are extremely important for many workers all across the country, including in New York. These benefits are wonderful protections afforded to workers so that employees are not concerned about losing their jobs if they are injured while working. Perhaps the best thing about workers' compensation benefits is that they are usually easy to recover since you are eligible as long as you were injured on the job. Best of all, nearly all employees in the state are covered.

Unfortunately, there are some categories and industries that do not offer workers' compensation benefits to their employees. There are so few of these employees, however, that it is actually easier to discuss which employees are not covered by workers' compensation than those that are.

It may not surprise you to learn that many casual employment circumstances, such as baby-sitting, do not allow workers' compensation, nor can you be covered by benefits if you work fewer than 40 hours per week if you are a domestic employee. What you might not know is that railroad employees are not covered, nor are firefighters and officers employed by New York City. Additionally, clergymen are generally not covered by workers' compensation.

If you have been injured on the job, and you are not sure whether or not you are eligible for workers' compensation benefits, consider meeting with an attorney to learn more about the law. Even if you are certain that you are eligible for compensation, it can still be to your benefit to meet with an attorney, even if you have already been offered a payout. An attorney can help you make a stronger case and may be able to help you recover more compensation.

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Success Stories

  • A 43 year old ironworker who fell four stories and sustained injuries to his ankle while installing a staircase settled his claim for $1,500,000.00. The accident was due to the failure of the building owner and general contractor to provide a safe place to work.
  • A construction worker operating an asphalt roller settled his case for $525,000.00 when the edge of the roadway he was paving collapsed into a trench being dug by a subcontractor causing him to sustain injuries to his leg.
  • A 54 year old commuter settled his case against the NYCTA for $1,200,000.00. when he tripped and fell on a subway platform due to the pavement being in disrepair, causing him to fall forward and to strike his head on a train pulling into the station.
  • The estate of a 64 year old woman received a settlement of $425,000.00 after she was struck and killed by a speeding tractor trailer while crossing the street at the intersection of Richmond Terrace and Port Richmond Avenue.
  • A $1,200,000.00 settlement was reached on behalf of a 54 year old man from Staten Island, New York, who, while in the course of his employment as a bus driver, was rear-ended on the Garden State Parkway and caused to suffer injuries to his back and neck as well as a fractured rib and fractured pelvis.
  • A 47-year-old building superintendent who sustained injuries to his head and right side of his body due to a tripping hazard at his job site received a settlement of $300,000.00 from the electrical company performing work at the site.
  • A 43 year old construction worker was caused to sustain injuries to his back, shoulder and hand when the elevator he was riding malfunctioned and dropped 8 floors. He received $350,000.00 in the settlement of his claim against the building owner, maintenance company and elevator company.
  • The administrator of the estate of a 69 year old man who suffered stage four pressure sores while a patient at a Queens nursing home settled the case for $400,000.00 after the man died.
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