Are You Eligible for Workers’ Comp in New York?

When you are injured on the job, you may wonder if you are eligible to receive workers’ compensation benefits.  These benefits are available for workers who meet certain criteria established by the New York Workers’ Compensation Law.  Most workers who provide services to a business are considered an employee and therefore must be covered by the employer’s workers’ compensation insurance.  An employee could include a day laborer, leased employee, borrowed employee, part-time worker, unpaid volunteer or subcontractor in, some cases.  Independent contractors are generally not covered by the employer’s workers’ compensation insurance.

New York State Workers’ Compensation Board lists factors that are used to classify a worker as an employee.  Some of these criteria include the following:

• If the employer has direct control of the worker performing the task.
• The work being done is aligned with the employer’s type of business, such as a worker installing tile on the roof of a building for a roofing company.
• If an employer pays the worker by the hour, day week or month.  Paying at the end of the project may indicate the worker is an independent contractor.
• The employer provides the materials.
• The employer retains the right to hire or fire the worker.

When determining if someone is an employee, all of the above factors are considered. A workers’ compensation law judge is the one who will determine employment classification during the hearing that follows a work-related injury or illness.  There are some exceptions that can be better explained by the New York workers’ compensation attorneys at Markhoff & Mittman, P.C.  Contact our law firm for advice regarding your workers’ compensation case at (914) 946-1452 or (866) 205-2415.

The article, Who is Covered under New York’s Workers’ Comp Law, has more information about the factors used to determine if a worker is in fact an employee.