Workplace injuries can happen to anyone. If you experienced an accident on the job, you need to know if and how you’re protected by workers’ compensation coverage. In New York State, the answer depends on your employment status and the nature of your injury. While most workers are covered, there are some exceptions. Whether you’re a part-time worker, seasonal employee, or someone your employer calls an “independent contractor,” it’s important to understand your rights and whether you’re entitled to benefits.
Who Is Covered by Workers’ Compensation?
New York State employers are required to provide workers’ compensation insurance coverage for all their employees. This includes:
- Full-time employees
- Part-time employees
- Seasonal workers
- Temporary employees
- New hires
If you fall into any of these categories and are injured on the job during the course of your employment, you are most likely entitled to workers’ compensation coverage for medical expenses and lost wages.
Exceptions to Workers’ Compensation Coverage
While the law broadly covers most kinds of employees, it does exclude certain worker categories. You may not be covered by New York’s workers’ compensation if you fall into one of the following groups:
- Federal employees: Those employed by the federal government are covered under a separate federal workers’ compensation system rather than the New York State program.
- Certain New York City employees: Police officers, firefighters, and other select public employees have alternative workers’ compensation coverage through a separate line-of-duty injury system.
- Clergy and some religious nonprofit employees: These individuals are exempt from workers’ compensation coverage.
- Independent contractors: Workers designated as independent contractors generally are not entitled to workers’ compensation. However, some employers with this title actually meet the requirements to be considered employees, which would render them eligible for workers’ compensation. If your employer says you are not covered by workers’ compensation because you are an independent contractor, it’s a good idea to contact an attorney to confirm your employment status and rights.
What Does Workers’ Compensation Cover?
New York State workers’ compensation is a no-fault system, which means that an injured worker does not have to prove who or what caused their injury. If your injury happened at work or while performing work duties, you’re likely eligible for benefits. However, there are certain circumstances where an on-the-job injury will not be covered. This includes situations where the sole cause of the injury was the workers’ intoxication due to alcohol or drugs, the injury was intentional, or the injury was a result of a fight that the injured worker started. Even in these cases, exceptions sometimes exist.
When in Doubt, Talk to an Attorney
Workers’ compensation laws are complex, and your eligibility may not always be obvious. If you’ve been injured at work or think your injury is work-related, don’t assume you’re not covered. The experienced attorneys at Lewis & Lewis can review your case, clarify your employment status, and help you file a claim if you are eligible for benefits. Contact us today to learn more about what workers’ compensation covers and how we help protect your rights.
