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Frequently Asked Questions—The Parties in a New York State Workers’ Compensation Proceeding

After suffering an injury on the job in the State of New York, you have a right to pursue benefits to cover certain losses, from wages and income to necessary and reasonable medical expenses, as well as compensation for any permanent losses (amputation or other permanent injuries) and for vocational rehabilitation. But who are the parties to a workers’ compensation proceeding? Are all workers eligible for benefits and must all employers provide workers’ compensation benefits to qualified workers?

Q: Are all workers covered by the New York workers’ compensation laws?  

A: There are generally only two requirements to qualify for workers’ compensation benefits in New York—you must have sustained an injury and it must have occurred in the course of your employment. That being said, there are certain types of workers who are eligible and others who are not.

Q: What types of employees are eligible for workers’ compensation payments?

A: Almost all workers qualify for workers’ compensation benefits, including:

  • All workers employed by for-profit entities, including part-time employees, borrowed workers, family members, leased employees and volunteers
  • Most employees of non-profit entities
  • Municipal employees engaged in “hazardous” work
  • State employees, including certain volunteers
  • Public school teachers, except for those employed by New York City
  • Farm workers who made more than $1,200 in the previous year
  • Domestic workers, such as sitters or companions, who work 40 or more hours per week for the same employer
  • Corporate officers, if a corporation has more than two shareholders or more than two officers
  • Any other worker deemed to be an employee by the New York State Workers’ Compensation Board

Q: What types of workers are generally excluded from eligibility for workers’ compensation benefits?

A: Under New York’s workers’ compensation statute, there are specific occupations for which workers’ compensation benefits are not available:

  • Volunteers at non-profit organizations who receive no stipend, complementary room and board or other perks
  • Ordained clergy, including members of religious orders
  • Individuals teaching at a nonprofit school or charitable organization
  • Persons who receive charitable aid from a non-profit in return for work done as a volunteer
  • Individuals who are covered under other types of workers’ compensation programs, such as federal workers, railroad employees and maritime workers
  • A spouse or child of a farmer, provided there’s no express contract for hire
  • Employees of foreign governments and Native American tribes
  • New York City firefighters, police officers and sanitation workers
  • Real estate agents, brokers or salespeople who have signed a contract attesting that they are independent contractors

Results-Oriented Workers’ Compensation Lawyers—Queens | New York City

At Pyrros & Serres, we handle all types of work injury cases, including claims involving:

Occupational Illness or Disease | Back and Neck Injury | Traumatic Brain Injury (TBI) | Fractures | Burns | Paralysis | Spinal Cord Injury | Permanent Scarring or Disfigurement | Amputation or Loss of Limb | Shoulder, Arm, Hand and Finger Injury | Hip, Leg, Foot and Toe Injury | Hearing or Vision Loss | Accidental Death

We offer more than five decades of combined workers’ compensation experience to injured workers throughout the greater NYC area, including the borough of Queens. We built our practice on a commitment to the highest levels of personal service and attention, making certain we learn the details of your injury, so that we can fully protect your rights. We work closely with colleagues in the legal profession, offering our experience, skills, knowledge and resources to your clients who have been hurt on the job.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Workers’ Compensation Attorneys—Queens, New York