How New York State Treats Injured Workers
February 20, 2016 • Personal Injury,Personal Injury FAQs,Scaffold Accidents,Slip and Fall,Workers' Compensation
Under New York State laws, a wide range of employers are obligated to provide workers’ compensation benefits to their employees. These employers have to post a notice of coverage in a visible location at their business address. The laws governing the worker’s compensation privileges in the state are collectively known as the Worker’s Compensation Laws (WCL).
Which types of employees are covered by the WCL?
- Workers in a non-profit business. This category includes all part-time or leased employees, family members, and volunteers.
- County or municipal employees engaged in “hazardous” work
- All public school teachers except the teachers employed by New York City; and all public school aides
- New York state employees including the volunteer workers working for the state
- Domestic workers with 40 and 40+ hours work week, including full-time sitters, companions, and live-in maids.
- Farm workers whose employer paid at least $1,200 or more in labor expenses in the preceding calendar year
- Any worker deemed to be an employee by The Worker’s Compensation Board, and not specifically excluded from coverage under the WCL
- All corporate employees (officers) if the business has more than two officers and/or two stockholders
- Officers in one-or-two person businesses, where there may be other individuals in employment. These officers can elect out of WCL coverage.
Failure to complete the different steps within the stipulated timelines may result in the loss of rights to compensation.
Note: Although most volunteer workers are covered under WCL, volunteer firefighters and volunteer ambulance workers are additionally provided death or injury benefits during line of duty by the Volunteer Firefighters’ Benefit Law and Volunteer Ambulance Workers’ Benefit Law.
Which types of employees are not covered by the WCL?
- The workers in nonprofits who receive no compensation for their work, for example, room and board, stipend, or other perquisites.
- Members of religious orders who perform religious duties
- Members of amateur athletic outfits who conduct their businesses as non-profits. These members must not be employed by any other person, firm, or corporation participating in such athletic activity.
- People engaged as teachers in nonprofit religious, charitable, or educational institution.
- People engaged in non-manual role in a nonprofit religious, charitable, or educational institution.
- The people engaged in the following manual labor: filing, transporting pamphlets, binders, or books, playing musical instruments, dusting or vacuuming, moving furniture, shoveling snow, mowing lawns, or any type of construction labor.
- Persons receiving aid in exchange of work in religious or charitable institutions. These persons are not under any type of work contract and may also include people in rehabilitation services in a shelter.
- Employees who are covered under maritime worker’s compensation, railroad employees compensation laws, and federal workers’ compensation laws
- A farmer’s spouse and minor children (under 18 years old), so long they are not under an express contract of hire
- Certain employees of foreign governments and Native American nations
- New York City police officers, firefighters, and sanitation workers who are covered under provisions of the New York State General Municipal Law.
- People, including minors, doing casual work in single-family, owner-occupied residence or the premises of a nonprofit, noncommercial organization. Here casual work indicates work done without any regularity or set plan. In this case, coverage may include injury resulting from power-driven machinery like a power lawnmower.
- Specific real estate salespersons who are under a signed contract with a broker as independent contractors
- Specific media sales representatives who are under a signed contract as independent contractors
- Specific insurance agents or brokers who are under a signed contract as independent contractors
- Sole proprietors, partners, or any one/two person businesses with no other employees.
NYS worker’s compensation claims process
Here is a snapshot view of the worker’s compensation claims process in case of an injury:
- The worker must receive the necessary medical treatment and notify the supervisor or manager about the injury incident with full details.
- A written notification of the injury incident must be furnished to the employer within 30 days.
- The employee files a claim with the Worker’s Compensation Board (WCB) on the appropriate form within two years of the incident. This form should be mailed to the Board’s District Office.
There are specific timelines involved in the above claims process. Failure to complete the different steps within the stipulated timelines may result in the loss of rights to compensation. For detailed information about the worker’s compensation claims process, refer to the NYS Worker’s Compensation Board (NYSWCB) website.
If you were injured while on duty, consult an able personal injury attorney in New York to discuss your legal rights and probable compensation claims available under the state laws. After the accident, you should immediately contact the Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280. Discuss your personal injury case – the first meeting is free.
RMFW Law gets the job done! We have won millions of dollars for past clients – you too can be on this winning list. We have experts who can back up your claims if they are viable. Give us a call, what do you have to say?