Are You Eligible For Workman's Compensation?Friday, April 26, 2013
The answer may surprise you. Under the following conditions you may not receive Worker’s Compensation benefits:
1. Your claim involves working for a non-profit and you are unpaid. It should be noted however, that if you receive a stipend, room and board or any other perks with a monetary value, the position may be considered a paid occupation. But any money that received on the part of the employee to be used as work expenses is not considered a stipend.
2. Any clergymen who perform religious ceremonies or duties.
3. Anyone injured while playing on a non-profit amateur sports team. You may be entitled to benefits though if you are employed by a firm, company or business that is engaging in such activity. For example, if Pete gets injured during a hockey game while playing for his boss’s team, he may very well have a case.
4. People engaged in a non-manual capacity in or for a nonprofit religious, charitable or educational institution. Manual Labor includes, but is not limited to: carrying materials, filing, playing a musical instrument, any sort of maintenance or construction etc.
5. People who are not explicitly employed by a charity or religious institution but do work in return for charitable aid, as well as people in sheltered workshops who are receiving rehabilitative services.
6. People with specific occupations that are covered under another worker’s compensation system.
7.The spouse and minor children (under 18 years old) of an employer who is a farmer as long as they are not under an express contract of hire
8. Certain employees of foreign nations or Native American Nations.
9. New York City police officers, firefighters, and sanitation workers who are covered under provisions of the New York State General Municipal Law.
10. Anyone (minors included) doing occasional, non-regular yard work or chores at a one-family, owner occupied home or non-profit/noncommercial organization. Though coverage is required if a minor is handling powered equipment such as a lawnmower or chainsaw.
11. Anyone who signs a contract stating that they are an independent contractor (real estate sales people, media sales representatives, insurance agents or brokers etc.).
12. Sole proprietors, partners, and certain one/two person corporate officers with no other individuals providing services integral to the business (although coverage may be obtained voluntarily).