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 employment 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 40 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 lawn mower.
  • 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 do I 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 from 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 two 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