Yes, New York workers’ compensation covers part-time employees. If you work part-time in New York and suffer a job-related injury or illness, you have the same right to file a workers’ comp claim as any full-time worker. New York law does not distinguish between full-time and part-time status when determining eligibility. What matters is whether you are classified as an employee and whether your injury or illness arose out of, and in the course of, your employment.
Don’t let your employer or their insurer convince you that you don’t have a claim. Contact our office today to get started.
Many part-time workers assume they don’t qualify for workers’ comp because they aren’t working a standard 40-hour week. That assumption is wrong, and it costs injured workers real money. Our NYC workers’ comp lawyers at Katz, Leidman, Freund & Herman regularly represent part-time employees who were initially told they weren’t covered or who hesitated to file because they didn’t know their rights.
Who Qualifies for Workers’ Comp in New York as a Part-Time Employee?
New York’s Workers’ Compensation Law requires most employers to carry workers’ comp insurance for their employees, regardless of how many hours those employees work per week. If your employer classifies you as an employee, covers you on a payroll, and directs how you perform your work, you are almost certainly covered. This applies whether you work five hours a week or 35.
There are, however, situations where coverage gets complicated. Independent contractors are not covered under the workers’ comp system, and some employers misclassify part-time workers as contractors to avoid paying benefits. If your employer calls you a contractor but treats you like an employee, you may still have a valid claim. Our workers’ compensation attorneys can evaluate your classification and help you fight back if your employer is misrepresenting your status.
What Benefits Can a Part-Time Employee Receive After a Work Injury in New York?
Part-time employees are entitled to the same categories of workers’ comp benefits as full-time workers. The difference lies in the dollar amount, since wage replacement benefits are calculated based on your actual earnings. Workers’ comp in New York generally pays two-thirds of your average weekly wage, subject to a maximum set by the state each year. If you earn less as a part-time worker, your weekly benefit will reflect that, but you are still entitled to coverage.
The main benefits available to injured part-time workers include:
- Medical benefits: All reasonable and necessary medical treatment related to your work injury must be covered by your employer’s workers’ comp insurer, with no out-of-pocket cost to you.
- Wage replacement: If your injury prevents you from working, you can receive a portion of your lost wages based on two-thirds of your average weekly wage from the past year.
- Permanent disability benefits: If your injury results in a permanent impairment, you may be entitled to ongoing benefits or a lump-sum award depending on the severity and nature of the disability.
- Vocational rehabilitation: If you can’t return to your previous job, you may qualify for retraining and vocational assistance to help you find other work.
- Death benefits: If a part-time worker dies from a work-related injury or illness, dependents may be eligible to receive death benefits under New York law.
Understanding what you’re owed is the first step toward making sure you actually receive it.
How Is Average Weekly Wage Calculated for Part-Time Workers in New York?
For part-time employees, average weekly wage is typically calculated by looking at total wages earned in the 52 weeks before the injury and dividing by the number of weeks worked. If you hold multiple jobs, New York law may allow wages from all covered employment to be considered when calculating your benefit. This matters because it can meaningfully increase the amount you receive each week.
This calculation is one area where mistakes happen and where insurers sometimes shortchange injured workers. Our workers’ compensation attorneys in New York have handled cases where the insurer used an incorrect wage calculation, resulting in lower benefits than the worker was legally owed. If something about your benefit amount doesn’t add up, it’s worth having an attorney review it.
What Should You Do After a Work Injury as a Part-Time Employee in New York?
The steps you take immediately after a work injury affect whether your claim gets approved and how quickly you receive benefits. Part-time workers should follow the same process as any other injured employee.
- Report the injury immediately: Notify your employer as soon as possible. New York law gives you 30 days to report a workplace injury, but reporting right away protects your credibility and your claim.
- Seek medical treatment: Get evaluated by a doctor, and make sure you tell them the injury happened at work. Your treatment records become evidence in your claim.
- File a C-3 form: You must file a claim with the New York Workers’ Compensation Board by submitting Form C-3. Filing this form is what formally opens your case.
- Document everything: Keep records of your medical visits, any communication with your employer or the insurance company, and your missed work shifts.
- Consult a workers’ comp attorney: If your employer disputes your claim, denies coverage, or the insurer challenges your injury, having legal representation significantly improves your outcome.
How Can Our NYC Workers’ Comp Lawyers Help After a Part-Time Work Injury?
At Katz, Leidman, Freund & Herman, our workers’ compensation attorneys fight to make sure part-time employees across New York City receive every benefit they’re legally owed.
- Case evaluation: Our NYC workers’ comp lawyers review the details of your injury, your employment classification, and your wage history to build the strongest possible claim from the start.
- Employer misclassification: If your employer wrongly labeled you as an independent contractor to deny your workers’ comp rights, our workers’ compensation attorneys will challenge that classification on your behalf.
- Wage calculation review: Our workers’ comp lawyers examine how your average weekly wage was calculated to make sure the insurer isn’t shortchanging your weekly benefit amount.
- Claims filing and deadlines: Our workers’ compensation attorneys handle all required paperwork, including the C-3 form, to make sure your claim is filed correctly and on time with the New York Workers’ Compensation Board.
- Disputed and denied claims: If your employer or their insurer disputes your injury or denies your claim, our NYC workers’ comp lawyers represent you through every hearing and appeal before the Board.
- Maximum benefits recovery: Our workers’ compensation attorneys work to secure the full range of benefits available to you, including medical coverage, wage replacement, and permanent disability awards where applicable.
Part-time workers have real rights under New York law, and our team is here to protect them every step of the way.
Contact Our NYC Workers’ Comp Lawyers Today
If you were hurt at work and you’re not sure whether your part-time status affects your right to benefits, our NYC workers’ comp lawyers at Katz, Leidman, Freund & Herman are ready to review your situation. Don’t let your employer or their insurer convince you that you don’t have a claim. Contact our office today to get started.