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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