Who is Covered by Workers' Compensation?

  • Workers in all employments conducted for profit, including part-time employees, family members and volunteers;
  • 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 $1,200 or more for farm labor in the preceding calendar year;
  • Any other worker determined by the Workers’ Compensation Board to be an employee;
  • All corporate officers if the corporation has more than two officers;
  • Officers of one- or two-person corporations if there are other individuals in employment (these officers may choose to exclude themselves from coverage.)

Who is not covered?

  • Clergy and members of religious orders;
  • People engaged in a teaching or non-manual capacity 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;
  • New York City police officers, firefighters and sanitation workers (uniformed police officers and firefighters in other municipalities may also be excluded);
  • Certain real estate salespersons who sign a contract with a broker stating that they are independent contractors;
  • Media sales representatives;
  • Sole proprietors, partners, and one- or two-person corporate officers with no employees (although coverage may be obtained voluntarily);
  • Certain employees of foreign governments;
  • 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.
  • Employees of out-of-state employers, unless Item 3A New York State coverage is specified on an up-to-date certificate of insurance issued to the out-of-state employer. See Important Information About Verifying Coverage of Out-of-State Employers.

 If you have questions regarding coverage contact the Workers' Compensation Board.