Foreign Governments are not required to provide New York State workers' compensation coverage for the individuals working in New York State for those foreign governments as long as they are performing strictly governmental work for the foreign government and are not engaged in any commercial activity for that foreign government. (i.e. Clerks that are working for the Consulate General of Japan. These individuals are United States citizens that are performing strictly governmental work for Japan and are not engaged in any commercial activity for Japan. Based upon these understandings, New York State Workers' Compensation is not required.) Please note that any individuals from a foreign government that are working on a commercial venture in New York State must be covered by a New York State workers' compensation insurance policy. (Workers' Compensation Board Subject No 370 issued May 12, 1994)
A domestic worker that is hired and paid directly by a foreign government employee (not the foreign government) is the employee of the individual and not the foreign government and subject to the New York State Workers' Compensation Law regarding domestic employees.