Perhaps you’ve been told that workers’ compensation is a benefit freely given to everyone who has a job. While that is mostly true, it’s not completely accurate. Most employees are covered by workers’ compensation, but there are some exceptions.
If you are a federal employee, you are covered automatically by the Federal Employment Compensation Act. This applies to non-military employees only, as coverage for military personnel depends on the type of employment that professional has.
If you are a state or local employee, you should speak with a lawyer to find out what type of coverage is available in your state.
In most states, agricultural workers are exempt from receiving workers’ compensation benefits. This often applies to small farms only, but some states include all farm workers. Injuries typically come with this type of work, and it’s a risk a farmer takes.
If an employee is only a seasonal or part time worker, they may not be eligible to receive workers’ compensation. It’s important an employer understands the legalities of this situation because if the work falls into the company’s regular business routine, workers’ compensation could be awarded to that employee.
Child caregivers, gardeners, housekeepers, personal chefs, home remodelers and other domestic professionals can be exempt from workers’ compensation in some states. Some exclude them only if their work is part time, while other states exclude them all together.
Again, the law varies by state, but in many cases, independent contractors cannot receive workers’ comp benefits. In some situations, an independent contractor is also considered an employee, and may then be given the benefit. This determination would typically be based on whether the contractor acts independently or takes orders from the employer. How the contractor gets paid could also make a difference in whether or not they are considered an employee.
How Can You Determine Whether You Are Covered or Not?
While this is a good start on guiding you in determining whether or not you are covered by workers’ compensation, it’s not a full explanation. If you need more information, contact an attorney today and let them know everything about your case.
If you feel you deserve workers’ compensation but have been denied, a lawyer can help you fight the system to get what is legally entitled to you. Dealing with these situations is never easy, but with legal representation at your side, the process becomes a little easier. Contact a New York work related injury lawyer today so you can get started.
Thanks to Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation and if you’re covered.