Workers’ compensation insurance, purchased by an employer provides coverage to employees fallen ill or injured on the job. Pain and Injury Workers’ Compensation Tutorial offers listings to doctors who take workers compensation insurance in New York, articles, and answers to frequently asked questions about workman’s compensation insurance.
What is Workman’s Compensation?
Workers‘ compensation, (workers comp),is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee’s right to sue their employer for the tort of negligence. Wikipedia
How Do I Find A Workman’s Compensation Doctor
In New York State you have the right to choose your own treating doctor, as long as your employer doesn’t have a provider plan or managed care arrangement. You do need to choose from a list of health care providers that the state has approved for treating workers’ comp injuries.
One resource is the New York Pain and Injury Network dedicated to assisting patients locate medical providers.
What expenses does workers’ compensation insurance cover?
- Medical care from the injury or illness
- Lost wages
- Permanent injury compensation
- Surviving family benefits of workers who are killed on the job
What type of employees are covered by workers’ compensation insurance in New York?
Below you will find a list provided by the NYS Workers’ Compensation Board of employees not covered by workers compensation insurance.
- Individuals who volunteer
- Ministers, priests and rabbis; sextons; Christian Science readers; and members of religious orders.
- Members of supervised amateur athletic activities.
- People engaged in a teaching capacity in or for a nonprofit religious, charitable or educational institution.
- People engaged in a non-manual capacity in or for a nonprofit religious, charitable or educational institution.
- Persons receiving charitable aid from a religious or charitable institution who perform work in return for such aid and who are not under any express contract of hire.
- People who are covered for specific types of employment under another workers’ compensation system such as those employed in certain maritime trades, interstate railroad employees, federal government employees and others covered under federal workers’ compensation laws;
- The spouse and minor children (under 18 years old) of an employer who is a farmer as long as they are not under an express contract of hire.
- Certain employees of foreign governments and Native American Nations (Foreign Government Employees and Native American Enterprises);
- New York City police officers, firefighters, and sanitation workers who are covered under provisions of the New York State General Municipal Law.
- People, including minors, doing yard work or casual chores.
- Independent media, insurance, realtor contractors. Sole proprietors, partners, and certain one/two person corporate officers.
Who Is Covered By Workers’ Compensation?
Most all employers in New York State must provide workers’ compensation coverage for their employees. Employers must cover the following workers for workers’ compensation insurance:
- Workers in all employments conducted for-profit. Part-time employees, borrowed employees, leased employees, family members and volunteers working for a for-profit business must also be covered under the Workers’ Compensation Law.
- Employees of counties and municipalities engaged in work defined by the law as “hazardous”.
- Public school teachers.
- Employees of the State of New York, including some volunteer workers.
- Domestic workers.
- Farm workers whose employer paid $1,200 or more for farm labor.
- Any other worker determined by the Board to be an employee.
- All corporate officers if the corporation has more than two officers and/or two stockholders.
- Officers of one-or-two person corporations if there are other individuals in employment.
- Most workers compensated by a nonprofit organization.
Businesses in New York State must have workers’ compensation coverage for all employees.
This rule includes part-time employees and family members employed by the company.
Employers must have a workers’ compensation insurance policy. It can come from a private insurance carrier, the New York State Insurance Fund, or self-insurance. Businesses must show proof of the policy when getting business permits. Businesses may be exempt in very narrow circumstances. They are only exempt from these rules in that case. Self-insurance is rare.
The workers’ compensation system is a form of no-fault insurance. Employees have a right to receive workers’ compensation benefits for job-related benefits. But an employee usually cannot sure an employer for an injury if a policy is in place. NYC Business
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