Who is Exempt from Workers’ Compensation in New York?

Workers’ compensation serves as a crucial safety net for employees who suffer injuries or illnesses in the workplace. However, not everyone is automatically entitled to workers’ compensation benefits in New York.

Understanding who is exempt from workers’ compensation coverage and exploring alternatives is essential for both employers and employees alike.

While workers’ compensation coverage is mandatory for most employees in New York, there are certain exemptions. Here’s what you need to know.

Who’s Exempt from Workers’ Compensation in New York?

Independent Contractors

Independent contractors, freelancers, and self-employed individuals are generally not covered by workers’ compensation insurance. Since they are considered to be in business for themselves, they are responsible for obtaining their insurance coverage for work-related injuries or illnesses.

Certain Agricultural Workers

While most agricultural workers are covered by workers’ compensation, there are exceptions for certain types of agricultural labor, such as farmworkers who work fewer than 30 days or earn less than a specified threshold within a calendar year.

Domestic Workers

Domestic workers, such as nannies, housekeepers, and caregivers, are exempt from workers’ compensation coverage under certain circumstances. However, there are efforts to expand coverage for domestic workers in New York.

Volunteers

Volunteers who perform services for nonprofit organizations or governmental entities may not be covered by workers’ compensation insurance. However, some organizations may choose to provide coverage for volunteers voluntarily.

Both employers and employees must understand their rights and obligations regarding workers’ compensation coverage to avoid potential disputes and ensure proper protection in the event of a workplace injury.

Challenges and Alternatives

In some cases, individuals may be told they are not eligible for workers’ compensation benefits. This is true even if they believe they are or  they need assistance after a workplace injury. This can be a challenging situation. It’s especially difficult if the injured individual relies on compensation to cover medical expenses and lost wages.

If someone is denied workers’ compensation benefits or believes they are eligible despite being told otherwise, they have the right to appeal the decision. They can file a claim with the New York State Workers’ Compensation Board and seek legal representation to navigate the appeals process and advocate for their rights.

In addition to workers’ compensation benefits, injured workers in New York may explore alternative options for financial assistance and support, including:

Disability Insurance

Injured workers may be eligible for disability insurance benefits through private insurance policies or government programs such as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

Employer Liability Lawsuits

In certain situations where an employer’s negligence or intentional misconduct led to an employee’s injury, the injured worker may have the right to file a civil lawsuit against the employer for damages, including medical expenses, lost wages, and pain and suffering.

Union Benefits

Workers who are members of labor unions may have access to additional benefits and support services through their union, including assistance with medical bills, rehabilitation, and job retraining.

Contact an Attorney If You Were Denied Workers’ Compensation

Workers’ compensation is the primary means of providing benefits to employees injured on the job in New York. However, it’s not the only option. Not everyone is eligible for coverage.  Who’s exempt from workers’ compensation in New York? Understanding exemptions and exploring alternative options can help ensure that injured workers receive the support and assistance they need to recover and move forward.

Borrelli & Associates, P.L.L.C. can help you with a variety of workplace issues. Contact us for more information.