What are the laws that govern workers’ compensation insurance in New York?

According to the New York Workers’ Compensation Board website

“Workers’ compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job.

Employers pay for this insurance, and shall not require the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are paid by the employer’s insurance carrier, as directed by the Workers’ Compensation Board. The Workers’ Compensation Board is a state agency that processes the claims. If Board intervention is necessary, it will determine whether that insurer will reimburse for cash benefits and/or medical care, and the amounts payable.

In a workers’ compensation case, no one party is determined to be at fault. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer’s fault. However, a worker loses his/her right to workers’ compensation if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else.

A claim is paid if the employer or insurance carrier agrees that the injury or illness is work-related. If the employer or insurance carrier disputes the claim, no cash benefits are paid until the workers’ compensation law judge decides who is right. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not job-related, he or she may be eligible for disability benefits in the meantime. Any payments made under the Disability Program, however, will be subtracted from future workers’ compensation awards.

If you can return to work but your injury prevents you from earning the same wages you once did, you may be entitled to a benefit that will make up two-thirds of the difference. You may also return to work in light or alternate duty before you are fully healed.”

Who is covered by the New York Workers’ Compensation Law?

According to the New York Workers’ Compensation Board website

“Virtually all employers in New York State must provide workers’ compensation coverage for their employees (WCL §2 and 3). Employers must post notice of coverage in their place(s) of business (WCL §51). Employers must cover the following workers for workers’ compensation insurance:

1. Workers in all employments conducted for-profit. Part-time employees, borrowed employees, leased employees, family members and volunteers working for a for-profit business must also be covered under the Workers’ Compensation Law.
2.Employees of counties and municipalities engaged in work defined by the law as “hazardous”.
3. Public school teachers, excluding those employed by New York City, and public school aides, including New York City.
4. Employees of the State of New York, including some volunteer workers.
5. Domestic workers employed forty or more hours per week by the same employer, including full-time sitters or companions, and live-in maids.
6. Farm workers
7. Any other worker determined by the Board to be an employee and not specifically excluded from coverage under the WCL.
8. All corporate officers if the corporation has more than two officers and/or two stockholders.
9. Officers of one-or-two person corporations if there are other individuals in employment. These officers may choose to exclude themselves from coverage.
10. Most workers compensated by a nonprofit organization.

Volunteer Firefighters and Volunteer Ambulance Workers are provided benefits for death or injuries suffered in the line of duty under the Volunteer Firefighters’ Benefit Law and Volunteer Ambulance Workers’ Benefit Law.

How do I get workers’ comp for my New York business?

Workers’ compensation insurance in New York can be obtained easily through our free quote service. Once a New York employer obtains workers’ comp insurance or authority to self-insure, the employer is required to post a notice of workers’ compensation insurance advising their employees of the coverage and of the employee’s right to reject this coverage.