Who Can File a Workers' Compensation Claim?

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Who Can File a Workers' Compensation Claim?

If you got hurt on the job or got sick because of work, there’s a good chance your employer’s workers’ comp insurance will help cover your medical bills and lost wages. But there are some jobs that aren’t covered, and there’s often a lot of confusion about whether immigrants, independent contractors, or people getting paid under the table can file a claim. Let’s clear all that up.

Who’s Covered by Workers’ Comp in New York State

Businesses with Employees:
- Almost every business with employees must have workers’ comp insurance, with a few exceptions.
Employees Eligible for Workers’ Comp:
- Full-time employees
- Part-time employees
- Temporary workers
- Seasonal workers
- Day laborers
- Family members working at a small business
Domestic Workers:
- Nannies and live-in housekeepers are covered if they work at least 40 hours a week for the same employer.
Injuries and Illnesses:
- If you get hurt or sick because of your job, you can probably file for workers’ comp benefits.

Jobs Not Covered by New York Workers’ Comp

Public School Teachers:
- Most public school teachers in New York are covered, but New York City public school teachers are not.
- This exemption doesn’t apply to school employees in non-teaching roles (e.g., administrators, janitors), who are covered.
New York City Workers with Special Systems:
- Police officers
- Firefighters
- Uniformed sanitation workers
- These professions have their own compensation systems and cannot file workers’ comp claims.
Jobs Covered Under Federal Workers’ Compensation Laws:
- Seafarers
- Dock workers
- Interstate railway workers
- Federal employees
Clergy and Members of Religious Orders:
- This includes those working in teaching or training capacities for religious or charitable organizations.
Business Owners:
- Most business owners are exempt from their company’s policies unless they choose to opt in.
- Depending on the nature of the business and the owner’s role in day-to-day activities, it might be a good idea to include themselves in their company’s workers’ comp coverage.

Independent Contractors

A lot of people get confused about whether independent contractors can get workers’ comp. Even if you’re labeled as an independent contractor for tax purposes, New York state might still consider you an employee, which means you could be eligible for workers’ comp if you get hurt or sick because of your job.

New York has a specific test to decide if an independent contractor is actually an employee. Just thinking you’re an independent contractor—or being told you are—doesn’t make it true. For example, if you drive for Uber or Lyft and get injured while driving passengers, you can file a workers’ comp claim. But if you’re delivering food for services like Uber Eats or DoorDash, you’re not covered.

It’s also important to know the difference between contractors, subcontractors, and independent contractors, especially on construction sites. If you’re not sure about your status or have any questions, it’s a good idea to reach out to an attorney right away.

‍Immigration Status

A common question people ask is whether their immigration status affects their ability to file a workers’ comp claim. The truth is, your immigration status doesn’t matter—you’re still eligible for workers’ comp benefits even if you’re undocumented. There’s also a myth that you need a Social Security number to file a claim, but that’s not true either. Applying for workers’ comp won’t negatively impact your immigration case.

Even if you’re working off the books or getting paid in cash, you’re still entitled to benefits if you get hurt on the job, regardless of your immigration status. While it can be trickier to figure out your average weekly wage and how much you’ll get, it doesn’t stop you from filing a claim.

Knowing if you’re eligible to file a workers’ comp claim is crucial. It’s often your best option for medical care after a work-related injury, illness, or disability, since regular health insurance usually won’t cover those costs. So, don’t let things like your immigration status or how you’re paid keep you from getting the benefits you deserve.