Workers Comp 101: Who is Covered and who isn't?

The Law Offices of Joseph A. Romano, P.C. on Thursday, July 13, 2017.

You've read 'What is Workers' Comp?' and downloaded our SLU (Schedule Loss of Use) brochure but forgot to ask a basic question: Can I receive Workers Comp?

Workers Comp Coverage is extended to many New Yorkers but some are not able to collect it. Here is a breakdown: Can you get Workers Comp Coverage?

Who is covered?

  • Workers in all for-profit businesses.
  • County and municipal employees.
  • Public school aides, including New York City New York City shop teachers are covered; other New York City teachers are covered in another system.
  • Employees of the state of New York, including some volunteer workers.
  • Domestic workers employed 40 or more hours per week by the same This includes full-time sitters, companions, and live-in maids.
  • Farmworkers whose employer paid $1200 or more for farm labor in the previous calendar year.
  • Anyone else the Board determines is an employee. Religious, educational or charitable nonprofit entities may voluntarily cover their clergy and Domestic workers employed fewer than 40 hours a week and not living in the employer's residence may also be covered voluntarily by their employer. It isn't mandatory.


Who isn't covered?

  • Volunteers at nonprofit organizations.
  • Clergy and members of religious orders who are performing religious
  • People working at educational, religious or charitable institutions who teach or perform Non­ manual labor
  • People covered by federal workers' compensation laws. This includes postal workers, certain maritime trades, interstate railroad, and federal employees
  • Anyone doing yard work or casual chores at a one-family, owner-occupied home. (A minor handling power-driven machinery, including a power lawn mower, is covered.) There may be limited coverage under a homeowner's policy
  • Certain foreign govemment
  • New York City police officers, firefighters, teachers and sanitation workers are covered by another system. Other uniformed police and firefighters may also be excluded
  • Certain real estate salespeople, insurance agents and media sales representatives who sign contracts stating that they are independent contractors.
  • Sole proprietors, partners, and certain one/ two person corporations without employees. They may cover themselves.

Questions about your specific situation? Feel free to contact our firm! We can help you with your case.

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**This information is based on New York State. Each state may be different. This blog post is for informational purposes. Your specific circumstances may vary from the information provided. Every case is different. Prior results do not guarantee future outcomes. The contents contained in this post do not establish an attorney-client relationship. Please contact us before sending confidential or time-sensitive material**

Tags: work injuries, workers' compensation

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