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NY Workers’ Compensation Laws: Who is and isn’t Covered?

New York workers compensation lawyer New York City public school teachers, firefighters, sanitation workers and police officers are not covered under NY State Workers’ compensation laws. Yet, private school teachers, public school teachers outside New York City and volunteer firefighters within the City are covered. While the vast majority of workers are covered under the New York workers’ compensation law, an experienced NY workers comp lawyer knows that the system has its few exceptions and can help you through your claim.

If an exception applies, then the question is what type of benefits is the worker entitled to? Federal workers have their own system, railroad workers have their own system and occasionally, some workers are considered independent contractors, self-employed.  Self- employed workers may be eligible for workers’ compensation if the worker pays for the coverage. Or, a judge may decide that the independent worker is not an independent worker for the purposes of workers’ compensation.

For example, we had a case in which a client worked delivering flowers. He used his own truck, but only delivered the flowers to the routes the florist picked. Meanwhile, the florist had another worker who delivered another route. The employer claimed that the worker who did not own his own truck was an employee while the worker who used his own truck was an independent contractor not entitled to any benefits.

The case went to trial and a judge had to make the determination. The point is that even if a company claims a worker is an independent contractor not entitled to workers’ compensation benefits, it is ultimately the judge who makes that decision.

Contact an Experienced New York Workers Compensation Attorney

If you have any further questions regarding who does and does not qualify for workers compensation in New York or if you have any general questions regarding workers compensation, do not hesitate to contact a knowledgeable workers’ compensation lawyer in New York. Call the law office of Robert A. Koenigsberg at (212) 964-9292 or fill out an online contact form to schedule your first consultation free of charge.

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