New York Workers’ Compensation Insurance Requirements

by ECL Writer
Right to Time Off Work in New York

New York state law requires that most employers carry workers’ compensation insurance to provide benefits to employees who are injured or become ill as a result of their job. These benefits include medical expenses, lost wages, and death benefits. Employers are required to post notice of their workers’ compensation coverage in a conspicuous place, and to provide employees with information about the coverage. Employers must also report any work-related injuries or illnesses to the Workers’ Compensation Board within 10 days of becoming aware of them.

In the event of a work-related injury or illness, employees must inform their employer within 30 days, and file a claim with the Workers’ Compensation Board within two years of the date of the accident or the date that the employee became aware of the illness.

Employees are entitled to receive medical treatment for their injury or illness and are also eligible for benefits if they are unable to work as a result of the injury or illness. The amount of benefits an employee is eligible for is determined by the employee’s average weekly wage and the extent of their disability.

In addition to medical treatment and benefits, employees may also be eligible for vocational rehabilitation services if they are unable to return to their pre-injury job. These services can include job training and retraining, as well as assistance with job placement.

Employers are prohibited from retaliating against employees who file workers’ compensation claims. This includes firing, demoting, or otherwise discriminating against an employee because they have filed a claim.

Employers who fail to carry workers’ compensation insurance or who fail to comply with other requirements may be subject to fines and penalties, and may also be liable for any benefits to that an injured employee is entitled.

It’s important to note that Workers’ compensation is a no-fault system which means that the injured employee does not have to prove that the employer was negligent in order to receive benefits.

ALSO READ: NEW YORK STATE LIFE INSURANCE LAWS

In New York, the workers’ compensation system is administered by the Workers’ Compensation Board. The Board is responsible for resolving disputes between employers and employees, and for enforcing the state’s workers’ compensation laws. The Board also maintains a list of authorized medical providers who are eligible to provide medical treatment to injured workers.

In New York City, the Office of the Mayor provides coverage for employees of the City of New York through the New York City Employees’ Retirement System.

It is important for both employers and employees to be familiar with the requirements of the workers’ compensation system in order to ensure that they are in compliance with the law and that injured employees are able to receive the benefits to which they are entitled.

In New York, the workers’ compensation system is mandatory, which means that most employers are required to carry workers’ compensation insurance. However, there are some exceptions to this requirement, including:

  • Sole proprietors and partners are not required to carry workers’ compensation insurance for themselves
  • Some agricultural employers may be exempt
  • Certain types of domestic workers may be exempt

It’s important to note that even if an employer is not required to carry workers’ compensation insurance, they may still be liable for any work-related injuries or illnesses that occur.

In conclusion, New York state law requires most employers to carry workers’ compensation insurance to provide benefits to employees who are injured or become ill as a result of their job. Employers are required to post notice of their workers’ compensation coverage in a conspicuous place, and to provide employees with information about the coverage. In the event of a work-related injury or illness, employees must inform their employer within 30 days, and file a claim with the Workers’ Compensation Board within two years of the date of the accident or the date that the employee became aware of the illness.

New York Workers' Compensation Insurance
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Who is exempt from workers’ compensation in NY?

In New York state, most employers are required to carry workers’ compensation insurance to provide benefits to employees who are injured or become ill as a result of their job. However, there are certain exceptions to this requirement, and certain types of workers may be exempt from the workers’ compensation system.

Sole proprietors and partners

First, it’s important to note that sole proprietors and partners are not required to carry workers’ compensation insurance for themselves. This means that if you are the owner of a business and you are the only employee, you are not required to have workers’ compensation insurance. However, if you have any employees, you are required to carry workers’ compensation insurance for them.

Some agricultural employers

Additionally, some agricultural employers may be exempt from the workers’ compensation system. This includes employers who employ less than 10 full-time or part-time seasonal farm laborers, or employers who are engaged in the production of nursery stock, florists’ stock, or other horticultural specialties.

Certain types of domestic workers

Certain types of domestic workers may also be exempt from workers’ compensation. This includes household workers who work less than 40 hours per week for one employer, and who are not considered to be in the employer’s employ for more than 52 consecutive weeks.

Independent contractors, volunteers, and some interns

Furthermore, independent contractors, volunteers, and some interns are also not covered by workers’ compensation. Independent contractors are individuals who are not considered employees and are considered to be in business for themselves. They are not covered by workers’ compensation because they are not considered employees.

Volunteers are also not covered by workers’ compensation as long as they are performing services for a nonprofit organization and are not receiving compensation for their services. Interns are not covered by workers’ compensation unless they are considered employees by the employer.

The New York State Workers’ Compensation Board has the authority to make determinations as to whether a worker is an employee or an independent contractor. They make this determination based on the degree of control exercised over the worker and the worker’s relationship with the employer.

What Workers Should Know

It’s important to note that even if an employer is not required to carry workers’ compensation insurance, they may still be liable for any work-related injuries or illnesses that occur. Employers who fail to carry workers’ compensation insurance or who fail to comply with other requirements may be subject to fines and penalties, and may also be liable for any benefits to that an injured employee is entitled.

It is important for both employers and employees to be familiar with the exemptions and requirements of the workers’ compensation system in order to ensure that they are in compliance with the law and that injured employees are able to receive the benefits to which they are entitled.

In summary, in New York state, certain types of workers may be exempt from the workers’ compensation system, including sole proprietors, partners, certain agricultural employers, certain types of domestic workers, independent contractors, volunteers, and some interns. Employers who fail to carry workers’ compensation insurance or who fail to comply with other requirements may be subject to fines and penalties. It is important for both employers and employees to be familiar with the exemptions and requirements of the workers’ compensation system in order to ensure that they are in compliance with the law and that injured employees are able to receive the benefits to which they are entitled.

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