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Who is Not Covered By Workers’ Comp in NY?

by | Dec 6, 2017 | Workers' Compensation

If you were recently injured on-the-job, or if you’re suffering from an occupational disease, you may be wondering, “Am I covered by workers’ compensation?” Before we discuss who is NOT covered by workers’ comp, let’s take a look at who is covered under New York’s workers’ compensation laws.

According to the New York Workers’ Compensation Board, “Virtually all employers in New York State must provide workers’ compensation coverage for their employees (WCL §2 and 3).” Just some of those who are covered include: full-time employees, part-time employees, leased employees, borrowed employees, family members who work for for-profit businesses, and volunteers who work for for-profit companies.

So, who is not covered under the state’s workers’ compensation laws? Here is a basic list of which workers are not covered by workers’ compensation in New York:

  • People who volunteer for non-profits and do not receive compensation for their services.
  • Ministers, priests, rabbis, Christian Science readers, and other members of religious orders.
  • Individuals who are members of amateur athletic activities, which are conducted on a non-profit basis, unless such individuals are employed by a person, corporation, business or firm while they are participating in the athletic activities.
  • Individuals who teach for a nonprofit educational institution, or one that is a nonprofit religious or charitable organization.
  • Individuals who do work for a nonprofit, religious, educational or charitable organization that is not considered to be manual labor. “Manual labor” includes cleaning, any type of construction, filing papers, carrying any type of materials, including pamphlets, yard work, playing musical instruments, moving furniture and shoveling snow.
  • Individuals who perform work for a religious or charitable organization in exchange for receiving charitable aid from the organization.
  • Workers who are covered under another type of workers’ compensation system, such as federal, maritime, and interstate railroad employees.
  • A farmer’s spouse and minor children who are not under a contract for hire.
  • NYPD officers, sanitation workers, and firefighters covered under the New York State General Municipal Law.

Concerned that you’re not covered under the state’s workers’ compensation laws? To find out if you have a claim, contact Katz, Leidman, Freund & Herman today!