How Do I Find Out If I Am Covered And File?

Who is Covered?
Generally the following workers are covered under New York State Workers' compensation law:

  • Workers in all employments conducted for profit.
  • Employees of counties and municipalities engaged in work defined by the law as "hazardous."
  • Public school teachers, excluding those employed by New York City, and
    public school aides, including New York City.
  • Employees of the State of New York, including some volunteer workers.
  • Domestic workers employed forty or more hours per week by the same employer
    (including full-time sitters or companions, and live-in maids).
  • Farm workers whose employer paid $1200 or more for farm labor in the
    preceding calendar year.
  • Any other worker determined by the Board to be an employee.

Who is not Covered?
As a general rule, the following workers are not covered under New York State Workers' compensation law:

  • Clergy and members of religious orders.
  • People engaged in a teaching or non-manual capacity in or for a religious, charitable or educational institution.
  • People employed in certain maritime trades, interstate railroad employees, federal government employees and others covered under federal workers' compensation laws.
  • People, including minors, doing yard work or casual chores in and about a one-family, owner-occupied residence. Casual means occasionally, without regularity, without
    foresight, plan or method. Coverage is required if the minor handles power-driven machinery, including a power lawnmower.
  • Certain employees of foreign governments.
  • New York City police officers, firefighters, and sanitation workers. Uniformed police officers in other municipalities may also be excluded.
  • Certain real estate salespersons who sign a contract with a broker stating that they are independent contractors.
  • Sole proprietors, partners, and one/two person corporate officers with no employees (although coverage may be obtained voluntarily).

    Note: The employer is required to post notice of compliance with the Workers' Compensation Law.

How To File A Claim
If you are injured, you should:

Report the injury, in writing, to the employer promptly, within 30 days of the accident.
If you have lost time form work, obtain Board Form C-3, Employee's claim for
compensation, from the nearest board district office.

Mail a completed C-3 to the District Office nearest you. Addresses are on this website.
You must file the claim within 2 years of the accident. If you seek representation, your attorney can file your claim on your behalf.

You will be notified by mail if a hearing on your case is necessary.

Jonathan H. Poznansky, Attorney at Law
Representing New York Workers since 1985

Jonathan H. Poznansky
1688 Victory Blvd.
Suite 2
Staten Island, NY 10314
Phone: (718) 395-2122
Fax: (718)442-0552