If you've been injured at work or become ill due to your job, there’s a good chance your employer’s workers compensation insurance will help cover medical care and lost wages. However, there are a few types of jobs that are not covered, and there’s a lot of confusion about whether immigrants, independent contractors, or someone getting paid under the table can file a claim. Let’s clear up that confusion.
In New York State, every business with employees is legally required to have workers compensation coverage, with a few exceptions. This means that if you are an employee who has been injured while working or become ill as a direct result of your job, you are most likely able to file for workers compensation benefits.
This includes not only full-time and part-time employees but also temporary workers, seasonal employees, and casual or day labor employees. Family members working at a small business are also eligible for benefits. Additionally, domestic workers, such as a nanny or live-in maid, are covered as long as they work 40 or more hours per week with a single employer.
So, what jobs are not covered by New York workers comp? While most public school teachers are covered throughout the state, New York City public school teachers are not. However, this doesn’t apply to school employees in non-teaching roles, such as administrators and janitors, who are covered.
In New York City, police officers, firefighters, and uniformed sanitation workers have their own compensation systems and cannot file workers compensation claims. Those who work as seafarers, dock workers, interstate railway workers, and federal employees within New York are also not able to file a claim as they are covered under the Federal Workers’ Compensation Law. Clergy and members of religious orders, including those working in teaching or training capacities for religious or charitable organizations, are also exempt.
Most business owners are exempt from their company’s policies unless they opt in. Depending on the nature of your business and your role in day-to-day activities, it might be a good idea for business owners to ensure they are included in their business’s workers compensation coverage.
A significant area of confusion is the eligibility of independent contractors. Even if you are classified as an independent contractor for employment and tax purposes, you might still be considered an employee under New York state law and therefore be eligible for workers compensation benefits for a work-related injury or illness.
New York has a specific test to determine if an independent contractor position can be classified as an employee. Simply thinking you are an independent contractor or being told you are doesn’t automatically make it true. For instance, Uber or Lyft drivers can file a workers comp claim if injured while driving in a ride-share capacity, but drivers for food delivery services such as Uber Eats and DoorDash are not covered.
There is also an important distinction between contractors, subcontractors, and independent contractors, especially on construction sites. If you are unsure or have questions, contact an attorney immediately.
One frequently asked question is whether your immigration status affects your ability to file a workers compensation claim. Immigration status is not a factor in determining eligibility for workers comp benefits, even if you are undocumented. There’s also a misconception that you need a social security number to file, which isn’t true. You can rest assured that applying for workers comp will not negatively impact your immigration case.
Even a person working off the books or being paid in cash—regardless of immigration status—is entitled to benefits if they are injured on the job. This can be an obstacle when determining your average weekly wage and how much your benefits will be, but it does not prevent you from filing a claim.
Understanding if you are eligible to file a workers compensation claim is crucial. It’s often your only option for medical care after sustaining a work-related injury, illness, or disability, as standard health insurance usually refuses to cover such treatment. That’s why it’s important not to let factors such as your immigration status or type of employment deter you from getting the benefits you are entitled to.
We have helped hundreds of people in New York State get the maximum amount of workers comp benefits possible, including immigrants and those working under the table. If you have questions about your case, call us for a free and confidential consultation at 212-406-8989.
For more information on how to calculate your average weekly wage, check out my other video on how much New York workers comp pays. And if this is your first time on my channel, be sure to subscribe and turn on notifications for the latest videos on filing for New York workers compensation. Click here to watch the next video, and I’ll see you there!
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