There are some categories of workers who are not eligible for workman’s comp in New York and before consulting a worker’s comp attorney, it is a good idea to see if you fall into one of these categories. Last month in part one of our two-part series on who is not eligible for New York workers compensation benefits we covered these groups:
- People Who Are Covered Under Other Workers’ Compensation Systems
- Volunteers for Non-Profit Organizations
- Amateur Athletes
- Independent Contractors
Again, the general rule of thumb to follow as a business owner is that you need to get workers compensation insurance if you hire an employee. But again, there are categories of people who are not eligible for New York Workers Compensation Benefits.
Spouses and Minor Children of Farmers
The spouse and minor children (under 18 years old) of a farmer, who employs them as help, as long as they are not under an express contract of hire.
Duly ordained, commissioned or licensed ministers, priests and rabbis; sextons; Christian Science readers; and members of religious orders are not considered to be “working” for monetary profit because they are serving non-profit religious institutions.
People Receiving Charitable Aid Who Perform Work in Return
If you are receiving charitable aid from a religious or charitable institution and perform work in exchange for this help (and you are not under any express contract of hire) you are not eligible for workers comp benefits. Another classification that is not eligible for workers comp are certain individuals who receive rehabilitation services in a sheltered workshop.
Casual Work Around the House or for a Non-Profit Organization
People, including minors, doing yard work or casual chores in and about a one-family, owner-occupied residence or the premises of a nonprofit, noncommercial organization are not covered by New York workers compensation benefits. Casual means occasionally, without regularity, without foresight, plan or method. However, coverage is required if a minor handles power-driven machinery, such as a power lawnmower.
An important thing to keep in mind is that even if you are a member of one of these classifications it doesn’t necessarily rule out a chance of getting workers compensation benefits. There are some unique circumstances in individual situations where you may be eligible for some benefits. For example, Mr. Golan recently won a case for a woman who fractured her leg while volunteering for a religious institution where she performed many duties that would have required the organization to hire an outside worker if she didn’t do all of the work that she did for them. If you have any question about your case, then get a free case evaluation.
Get a Free Lawyer Consultation in Queens, 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.Share This