According to New York State law, all employees who are injured while working are entitled to receive workers compensation regardless of what caused their injury.  However, not all workers who are injured on the job receive the benefits that they may be entitled to due to the complicated claims process.  In this article we discuss two basic criteria that injured workers must meet in order to qualify for workers’ compensation in New York.  For more detailed information on the workers compensation process, click here.


Two Important Considerations When Applying For Workers’ Compensation In New York

  1. Employment Status: Employee Vs. Independent Contractor Coins and ballpen

For starters, a worker must be classified as an employee in order to receive workers compensation.  Most workers who provide services for businesses are considered employees under Workers’
Compensation Law in New York.  Workers’ Compensation Law considers all types of employees as qualified for workers’ comp benefits including:

  • Full-time employees
  • Part-time employees
  • Day laborers
  • Unpaid volunteers
  • And most subcontractors

Determining who classifies as an employee is not an exact science. Ultimately, a workers’ compensation judge will determine whether or a not a person qualifies as an employee if necessary.  However, there are certain factors that are taken into account when determining a person’s work status. Specifically, a workers’ compensation judge will examine a business’s degree of control over a worker, the method of paying the worker, the right to hire or fire the worker and the type of work being done.  At a minimum, an injured worker must be determined to be an employee of an organization in order to qualify for workers’ compensation benefits.

  1. Details Of Your Injury: Is It Work-Related?

In addition to being classified as an employee, an injured worker must be able to prove that he or she has suffered an injury, illness or disability that while on the job or in the course of work.  This is why it is so important to report any workplace accident or injury to your manager as soon as possible and make sure that he or she files an official injury report.  Additionally, a workers’ compensation judge will consider documents from your doctor when determining the legitimacy of an injury and its effect on your’ ability to perform work. Therefore, you should always obtain any medical documents associated with the treatment of your work-related injury.  For additional information on work related injuries and workers compensation in New York, visit this page.

What Is An Independent Contractor?

An independent contractor is an individual who provides work to or services for an entity, but is not an employee of that entity.  When determining whether or not an individual is an independent contractor, a judge will consider certain factors including the difference in the work being performed by the worker in question and the work performed by the business, as well as the amount of control over the time and manner in which the work in question is to be done.  These are only some of the factors considered when determining the status of a worker, however there are many other aspects that can be examined.  If it is determined that a worker is an independent contractor as opposed to an employee of an entity, then that worker will not qualify for workers’ compensation.

New York Workers’ Compensation Lawyers

If you were injured on the job, you may be wondering about your eligibility for workers’ compensation. If so, please contact Markhoff & Mittman, P.C. today for a free consultation.  We have helped thousands of injured workers in New York over the years and our experience enables us to maximize your chances of winning your claim.