Who is Not Eligible for New York Workers Compensation Benefits – Part 1

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Robert Golan

One of the main things you know about rules is that there are exceptions to all of them and this includes New York workers compensation benefits. But even if you fit one of the following categories, it never hurts to get a free lawyer consultation from a worker’s comp attorney.

A general rule of thumb is that you need to obtain workers compensation insurance if you hire an employee. If you are a sole proprietorship or a partnership with no other individuals working for you, you do not require workers compensation insurance–although it might not be a bad idea to get it anyway.

Volunteers for Non-Profit Organizations

Often when you are volunteering for churches, charities, and nonprofit organizations, these organizations are not required to provide workers compensation coverage as long as these efforts are not compensated for in any way. For example, volunteer “work” in exchange for stipends, room and board and other perks is considered to be compensated and therefore require the organization to provide workers compensation coverage. Again, if you have any questions about whether you have any rights if injured while performing volunteer work for a nonprofit organization, contact a worker’s compensation attorney.

Volunteers not eligible for New York workers compensation benefits Nassau, NY

People Who Are Covered Under Other Workers’ Compensation Systems

Some occupations are covered under different workers compensation systems. For example, people employed by the federal government–including some railroad and ship workers–are covered under federal workers compensation laws. Another example would be New York City police officers, firefighters, and sanitation workers who are covered under provisions of the New York State General Municipal Law. In these situations, the employee is considered to be covered by a different organization and therefore must submit their claims that way.

Amateur Athletes

Participants in any supervised amateur athletic activities operated on a nonprofit basis (such as baseball, soccer, basketball, football, softball, gymnastics, etc., for example) are not eligible for workers compensation insurance provided that these participants are not otherwise engaged or employed by any person, firm, or corporation participating in such athletic activity.

Independent Contractors

Companies that enter into agreements with independent contractors–who sign a contract stating that they are such–are typically not responsible for paying workers compensation insurance for those workers. Here are a few specific examples of this listed in the New York workers compensation laws:

  • Real Estate Agents
  • Media Sales Representatives
  • Insurance Agents

These are just a few of the exceptions to the New York workers compensation benefits law out there. Return again next month for part 2 of our series about who is not eligible for New York workers compensation benefits.

Get a Free Lawyer Consultation in Nassau, NY

Not sure if you are eligible for New York workers compensation benefits? Get the answers you seek from Robert Golan, PC of Golan & Masiakos, LLP. Give us a call at 516-586-3910 to discuss your case or contact us online for your free case evaluation.

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