WNY's Workers' Compensation Attorneys

Are part-time employees covered by worker’s comp?

Yes, part-time employees are covered by Worker’s Comp Laws in New York State.  As defined by the Worker’s Compensation Board.

“under the Workers’ Compensation Law, most individuals providing services to a for-profit business will be deemed an employee of that business and therefore must be covered by the employer for workers’ compensation insurance.”

The Worker’s Compensation Board also states that in addition to part-time employees,  employees that were borrowed from another company, came from a third party resource like a temp agency or even family or volunteers for a for-profit business should also be covered by the law.

For a complete list of who is covered, click here

 

Who is not covered by Worker’s Comp Law in New York State?

While New York State worker’s comp covers a good number of employment statuses there are a few in which a person would not be eligible to receive worker’s comp.   For example, if you are considered an Independent Contractor, there are specific criteria for this class of employee that may impact eligibility for worker’s compensation benefits.

For a complete list of employment situations that would not be covered by worker’s comp, click here.

Ultimately, if there is a question as to whether or not an injured worker should receive benefits after a work injury, a worker’s compensation judge will make the final determination.

 

Your Employer’s Rights

Employers are required by the New York State Worker’s Comp Board to carry insurance.  With that said, if you are injured at work there are several things you should keep in mind.

  • If you are in fact classified as an “employee” of the company that does not automatically qualify you for worker’s comp.
  • If your employer has any reason to believe your injury did not happen on the job, they have the right to contest your claim.
  • Your employer has the right to attend meetings associated with your case and review your case files.
  • Your employer can ask for an administrative review of your case if they are questioning anything about your claim.

Worker’s Compensation laws were put into place to protect both the employer and the employee.  If you are injured at work and have questions about your eligibility or your employer’s rights to contest your claim, contact us for a free consultation.

About The Author

At Gielowski, Federice & Caligiuri, LLP, we are committed to serving Western New York’s injured workers by providing a point of contact relating to all of the major legal issues which our clients will typically face.

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