Workers' Compensation Coverage
Who Is And Is Not Covered By The Workers' Compensation Law?
- Who Is Covered By The Workers' Compensation Law?
- Who Is Not Covered By The Workers' Compensation Law?
- Who Is An Employee Under the Workers' Compensation Law?
- Employees in Nonprofit Organizations
- Examples of Applications Where Workers’ Compensation Insurance Coverage is Generally Required
- Examples of Applications Where Workers’ Compensation Insurance Coverage is Generally Not Required Because the Worker is Not an Employee Under the Law
- Additional NYS Workers’ Compensation Coverage Situations
Who Is Covered By The Workers' Compensation Law?
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:
- 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 (WCL §3 Groups 1-14-a);
- Employees of counties and municipalities engaged in work defined by the law as "hazardous" (WCL §3 Groups 15, 15-a and 17);
- Public school teachers, excluding those employed by New York City, and public school aides, including New York City (WCL §3 Groups 20, 20-a and 22);
- Employees of the State of New York, including some volunteer workers (WCL §3 Group 16);
- Domestic workers employed forty or more hours per week by the same employer, including full-time sitters or companions, and live-in maids (WCL §3 Group 12) (see Domestic Workers)
- Farm workers whose employer paid $1,200 or more for farm labor in the preceding calendar year (WCL §3 Group 14-b) (see Farms)
- Any other worker determined by the Board to be an employee and not specifically excluded from coverage under the WCL (WCL §3 Groups 1-14-a and 18);
- All corporate officers if the corporation has more than two officers and/or two stockholders (WCL §54 ) (see Corporate Officer Coverage Requirements);
- Officers of one-or-two person corporations if there are other individuals in employment. These officers may choose to exclude themselves from coverage (WCL §54 ) (see Corporate Officer Coverage Requirements); and
- Most workers compensated by a nonprofit organization (WCL §3 Group 18) (see Nonprofit Organizations).
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.