Workers’ compensation insurance is a requirement for business in many states, including New York. It ensures that, in the event of a work-related injury, that medical expenses and a portion of lost wages will be paid for. Every state has its own rules and minimum requirements of what workers’ comp must cover and as such each state also has its own exceptions. Read on for workers compensation exceptions in the state of New York.
Workers Under Federal Workers’ Compensation Laws
Certain trades and industries fall under federally regulated workers compensation programs. Many of these are industries that require workers to perform their duties across state lines, such as maritime trades or interstate railroads. This also includes employees of the federal government. As such, all workers that fall under this umbrella should refer to federal workers compensation laws and policies as they relate to their specific industry.
Even if you work under a larger company, if you have signed a contract agreeing to operate as an independent contractor then you are not eligible to file claims under workers’ compensation insurance laws. This includes real estate agents, insurance agents, or other sales representatives.
This also includes any independent contractors not working for a larger entity. Any individuals, or pair of individuals, engaged in a business that does not require other employees are classified as independent contractors and are not required to retain workers compensation insurance.
The state of New York provides several exceptions for nonprofits and does not require them to provide workers’ compensation in many circumstances. For example, those performing any non-manual labor or engaged in a teaching capacity for a nonprofit, even if they are compensated, are not required to be covered under workers’ compensation policies. Otherwise, those volunteering their services/labor to a nonprofit organization are not eligible for workers compensation only if they have not received any compensation for their services that can be argued to have a monetary value.
Ordained or licensed ministers, priests, rabbis, or any other person employed as a religious leader are not covered under workers compensation laws in the state of New York. This does not include other employees of the religious group or institution that engage in other necessary duties for compensation, such as secretarial or maintenance work.
Those performing casual chores like, lawn mowing or snow shoveling, in return for compensation are not covered under workers’ compensation. For it to be classified under ‘casual chores’ then these services must be provided only in and around an owner-occupied residence without regularity and without any organized business plan or method. This includes if the worker is a minor. However, workers’ compensation is required if the individual performing the work is a minor who is required to use any sort of power equipment (including a lawn mower) in order to complete the task.
IF you are in New York and need help navigating your own workers compensation claim please contact us and let our team make sure you are getting everything you qualify for!