When a worker is hurt in a workplace accident, workers’ compensation can provide valuable compensation to the worker and that person’s family. This compensation can help to cover lost wages, medical expenses, rehabilitation costs and other costs caused by the accident. This money helps to ensure that workers are not left to struggle financially following an injury at work.
But, who qualifies for workers’ compensation in New York? Under the Workers’ Compensation Law, all employees are entitled to workers compensation following an accident. An employee can include a large number of people including subcontractors, family members, unpaid volunteers, part-time employees, leased employees and day laborers.
According to the New York State Workers’ Compensation Board, in order to determine if a person is an employee under the Workers’ Compensation Law, a number of factors are considered. These factors include how the employee is paid, whether the business furnishes the materials needed for a job, if a business retains the right to hire or fire a person, the amount of control the business has over the person and whether the type of work done by the employee is the same as the employer.
If a person does not fit the definition of an employee under the Workers’ Compensation Law — and is an independent contractor, for example — then the person will not qualify for workers compensation. In other words, the general rule about employees does have many exceptions — therefore, this blog post cannot provide specific legal advice. A workers compensation attorney, on the other hand, can give people a better picture of their employment status and right to collect compensation after a workplace accident.