Workers' Compensation Law
The Workers' Compensation Law became effective in New York on July 1, 1914. The law is administered by the NYS Workers' Compensation Board. Under the law, an employer is obligated to provide workers' compensation for his emplyees Workers' compensation insurance protects employers from liability for on-the-job injuries resulting in employee disability or death, providing injured workers with monetary relief and medical benefits, or, in the case of death, survivor benefits to their dependents.
Officers of corporations are considered employees of the corporation; they are automatically covered. If a corporation with one or two executive officers has employees requiring coverage, either one, or both, of the officers may elect to be excluded from coverage, provided the one or both officers own all of the issued and outstanding stock and hold all executive officer positions in the corporation.
The New York State Workers' Compensation Law requires most employers in New York State to have workers' compensation coverage for their employees. Failiure to provide coverage when required by law is a misdemeanor, and may in fine, panelty & assessments.
Who is covered Under the Workers' Compensation Law?
- Workers in all employments conducted for profit. Part-time employees, family members and volunteers are also included under the workers' compensation law.
- Employees of counties and municipalities engaged in work defined by the law as "hazardous".
- Public school teachers, excluding those employed by New York City, and public school aides, including New York City.
- Employees of the State of New York, including some volunteer workers.
- Domestic workers employed forty or more hours per week by the same employer (including full-time sitters or companions, and live-in maids).
- Farm workers whose employer paid $1200 or more for farm labor in the preceding calendar year.
- Any other worker determined by the Board to be an employee.
- All corporate officers if the corporation has more than two officers.
- Officers of one-or-two person corporations if there are other individuals in employment. These officers may choose to exclude themselves from coverage.
Who is not covered Under the Workers' Compensation Law?
- Clergy and members of religious orders.
- People engaged in a teaching or non-manual capacity in or for a religious, charitable or educational institution. People employed in certain maritime trades, interstate railroad employees, federal government employees and others covered under federal workers' compensation laws.
- People, including minors, doing yard work or casual chores in and about a one-family, owner-occupied residence. Casual means occasionally, without regularity, without foresight, plan or method. Coverage is required if the minor handles power-driven machinery, including a power lawnmower.
- Certain employees of foreign governments.
- New York City police officers, firefighters, and sanitation workers. Uniformed police officers and firefighters in other municipalities may also be excluded.
- Certain real estate salespersons who sign a contract with a broker stating that they are independent contractors.
- Sole proprietors, partners, and one/two person corporate officers with no employees (although coverage may be obtained voluntarily).
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