New York City Personal Injury Law Blog

Coverage Under New York Workers Compensation Law

Posted on Aug 11, 2015 in Construction Accidents, Personal Injury, Premises Liability

According to the website of the New York State Compensation Board – employees are entitled to insurance and benefits per the terms of the New York Workers Compensation Law. Employers in the state of New York are required to contribute to the insurance and benefits for every employee that they employ. It is mandatory that the employees are not to be required to contribute to the compensation.

Who does the New York State Compensation Law Cover?

Disability Insurance

Workers compensation laws cannot be applied uniformly for all types of employment.

The most important categories of workers that this law covers are:

  • Employees in all for-profit employment. This includes borrowed, part-time, and leased employees, volunteers and family members working for a for-profit business
  • All workers in corporations that have more than two officers and/or two stockholders
  • Domestic laborers working for forty or more hours in a given week, including full-time sitters or companions, and live-in maids
  • Farm workers
  • Most workers employed and paid a salary by a nonprofit organization

Who does the New York Compensation Law not Cover?

The major categories of people that this law does not cover are listed below:

  • Volunteers with not-for-profit organizations that receive no salary for their work. Salary includes room and board, perks, and stipends. If any money is paid out to reimburse the expenses incurred by the volunteers – this is not considered as a stipend
  • Formal members of religious sects
  • People that teach in or for a not-for-profit educational institution
  • Workers that do non-manual work in or for a not-for-profit educational, charitable, religious or educational institution
  • Individuals that get financial assistance from a charitable or religious institution and do some work further to that
  • Individuals that undertake certain kinds of work that is covered by an alternative benefits system, such as federal and rail-road workers
  • Those real estate salespersons, insurance agents or brokers that have chosen explicitly to be treated as independent contractors
  • One/two person corporate officers, partners, and proprietors with no other individuals providing services integral to the business

Coverage Under the New York State Compensation Law – People Need to Exercise Their Rights Under the Law

When you survey this information regarding the coverage of different categories of workers under this law – you will be struck by the fact that the coverage is indeed fairly broad. It tends to include all the categories of workers that most people in New York State would tend to fall under. Coverage is one thing, but actually becoming aware of your rights under this law and exercising your rights is completely another thing.

We urge you to become aware and to choose to exercise your rights under this law whenever a situation requiring such action arises!


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