If you’re employed in New York and are injured on the job, you are likely entitled to workers’ compensation benefits, whether you’re a construction worker, first responder, or a correction officer. However, if you work in an exempt trade or profession, you may have to consider alternatives to workers’ comp benefits after a workplace injury.
It’s important to know your rights in the aftermath of a workplace injury, particularly regarding exemptions from workers’ compensation in New York. Consulting our skilled New York workers’ comp attorneys will ensure you understand your full legal options. Call (212) 221-1000 or contact us online to schedule your free, confidential consultation. Ofrecemos servicios en español.
Federal Employees
New York state workers’ compensation does not apply to federal employees. Rather, federal employees are covered by benefits administered by the Department of Labor under the Federal Employees’ Compensation Act (FECA). They may file for benefits through the Employees’ Compensation Operations and Management Portal (ECOMP).
Members of the Clergy and Certain Employees of Religious Nonprofits
Members of the clergy and certain employees of religious nonprofits are not covered by typical workers’ compensation benefits in New York. When a nonprofit religious organization only pays its “clergy, teachers, and individuals [for] providing non-manual labor,” it is not required to carry workers’ compensation coverage. To remain exempt, clergy must perform “only religious duties,” and teachers must perform “only teaching duties.”
Manual labor includes work such as filing, cleaning, playing musical instruments, property maintenance, and other tasks involving physical work, even if that work does not require significant physical exertion. Uncompensated volunteers for these organizations are also not entitled to workers’ compensation benefits.
Volunteers
A “volunteer” for the purposes of workers’ comp coverage in New York is a person doing unpaid charitable work for a nonprofit organization. Nonprofit organizations are not required to carry workers’ comp for uncompensated volunteers. For-profit organizations cannot have unpaid “volunteers.”
In the event of death or injuries in the line of duty, volunteer firefighters and volunteer ambulance workers are provided benefits under the Volunteer Firefighters’ Benefit Law and Volunteer Ambulance Workers’ Benefit Law.
Independent Contractors
Independent contractors are generally exempt from workers’ compensation coverage because they are not considered “employees.” However, businesses must take care to ensure that employees are not improperly classified as independent contractors.
In New York, the construction and trucking industries have their own industry-specific definitions of who qualifies as an independent contractor. Important factors in other industries include but are not limited to whether workers:
- Perform the contracted service free from direction or control, except insofar as the contracting business has the right to specify the desired result.
- Maintain a separate business establishment.
- Obtain insurance policies under their own legal business name and federal employer identification number.
- Provide all equipment and materials necessary to fulfill the contract.
- Work under their own operating permit, contract, or authority.
Domestic Workers
Domestic workers for private households are generally not entitled to workers’ compensation if they individually work less than 40 hours per week and do not live on the premises. Workers performing “casual labor” (e.g., yard work) are also not entitled to workers’ comp coverage. Exceptions exist for minors operating power-driven machinery or when the labor is scheduled on a regular basis.
Efforts to expand legal protections for domestic workers are ongoing. As of 2021, New York considers domestic workers “employees” for all purposes under its Human Rights Law. Grassroots organizations, such as Domestic Workers United, are also campaigning to increase domestic workers’ rights.
Certain Agricultural Workers
Farm laborers are generally considered employees if a farm labor contractor recruited or supplied them to work on the farm. They are entitled to workers’ compensation coverage. However, the rule does not apply to the spouse or minor children of a farm owner if they are not under a labor contract.
Before the Farm Laborers Fair Labor Practices Act (FLFLPA), farms with annual payrolls under $1,200 were exempt from workers’ comp requirements. As of January 2020, that is no longer the case. Under the FLFLPA, farm owners are also prohibited from “discriminating against farm laborers who request workers’ compensation claim forms.” Importantly, your immigration or citizenship status should not affect your eligibility for workers’ compensation.
Alternatives to Workers' Compensation
If you are exempt from workers’ compensation coverage under New York state law, you may still have options for alternative coverage in the event of a workplace injury.
Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI)
In the absence of workers’ comp benefits, you may be able to seek federal SSDI or SSI benefits. To be eligible for SSDI, you must have suffered a disability and worked for sufficient time to have paid in for SSDI benefits. You may receive SSI as early as age 62, though full benefits are typically available once you reach full retirement age. You can check your eligibility through the Social Security Administration.
Third-Party Liability Lawsuits
If a third party other than your employer contributed to the cause of your accident, you can seek compensation through a lawsuit. You may be compensated for financial losses, such as lost income or medical bills, and non-financial losses, such as pain, suffering, disfigurement, and loss of enjoyment of life. Because proving liability in workplace injury lawsuits can be complex, it is essential that you consult a lawyer to protect your legal rights and interests.
Union Benefits
If you are a member of a labor union, your union may be able to provide additional support in the event of a workplace injury. Benefits may include coverage or reimbursement for medical care, rehabilitation benefits, or vocational rehabilitation designed to help injured employees find new work after suffering a disability.
What If My Employer Does Not Have Workers’ Compensation?
Employers who carry workers’ compensation coverage are generally shielded from personal injury lawsuits brought by injured employees. However, if your employer does not have mandatory workers’ comp insurance, they may face strict penalties, including liability for “all wage and medical benefits awarded to any of their employees” through an uninsured claim.
Seek Legal Representation For Your Workers' Compensation Claims
Exemptions from workers’ compensation in New York are complex, with nuances for specific kinds of workers like New York public servants . If your workers’ compensation benefits were wrongly denied or you were misclassified by your employer, our knowledgeable workers’ comp attorneys can help you explore your legal rights and options, including pursuit of your benefits via the Workers’ Compensation Board.
We are committed to fighting for the rights of injury victims throughout the state. You can count on us to provide an open line of communication and vigorous legal representation throughout the life of your case. Call (212) 221-1000 or contact us online to schedule a free, confidential consultation. Ofrecemos servicios en español.
