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Who does New York workers’ compensation law cover?

We may not think about our rights under New York workers’ compensation law until the time comes where we are injured at work and need benefits. Almost every employer in the state must make workers’ compensation coverage available to eligible employees. The following employees are legally required to be covered by workers’ compensation insurance.

Employees at for-profit workplaces

First, any worker in a for-profit place of employment is covered. This includes full-time workers, part-time workers, borrowed workers, leased workers, workers who are family members and workers who are volunteers at a for-profit place of employment.

State, county and municipality employees

County and municipality workers engaged in “hazardous” work as defined by New York law are also covered. Public school teachers, except for those working for New York City, along with public school aides in New York State including those in New York City are also covered. Those who work for the State of New York, including certain volunteers under New York law are covered.

Domestic workers, farm workers and other workers

Domestic workers who work 40 or more hours a week for the same employer are covered. This includes full-time sitters, companions and live-in maids. Farm workers are also covered. Any other workers that the Board deems are employees and are not explicitly excluded under New York law from coverage are covered.

Corporate workers

Corporate officers for corporations with two officers and/or two shareholders are covered. In addition, officers of one-or-two person corporations are covered if the corporation employees, other individuals, and the officers have not chosen to exclude themselves from coverage.

Nonprofit workers

Depending on New York law, most paid workers for nonprofit organizations are covered. However, not all workers for nonprofits are covered.

Seek advice if you believe you eligible for workers’ compensation

If you believe you are eligible for workers’ compensation and wish to apply for benefits it is best to seek legal advice, which this post does not provide. Attorneys in the state understand the workers’ compensation laws and may be a useful resource to those who need more information on this topic and how it applies to them.

 

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