Ny Worker's Comp

Front 1

Workers Comp in NY

Back 1

Provides compensation for those injured on the job but you forfeit the right to litigate. You can not recover pain & suffering or punitive damages.
In a way, the employer is SL- it d/n matter how you get hurt.

Front 2

Workers Comp in NY
who is covered?

Back 2

Virtually everyone except: teachers and other non-manual laborers, educational/ religious non profits, and part-time domestic employees.
**Independent contractors are not employees and t/f they are not covered by WC.

Front 3

Workers Comp in NY
When is WC not available to a qualified worker?

Back 3

1. If they are intoxicated while on the job.
2. A self-inflicted injury.
3. Injury occurs in a voluntary, off-duty athletic activity.
Exceptions: illegal acts during work ARE covered. ex. worker was fixing something on roof for job and while up there stole some copper and then fell off and died. Family got worker’s comp.

Front 4

Workers Comp in NY

What do you get?

Back 4

You get 2/3rs of weekly wage (b/c you won’t be paying taxes), and all out of pocket wages.
If you die, you get a statutory amount + funeral expenses.

Front 5

Workers Comp in NY
Horse-play cases

Back 5

decided on case-by-case basis
Minor case of horse-play: you still get WC benefits
If its completely outside of employer, no WC.
Ex. 3 cleaners play hide and seek at muffin factory. One guy hides in a mixing bowl. They accidentally turn on mixing bowl. He dies. Way beyond horse play. WC denied.

Front 6

NY Workers Comp
When is the tort remedy preserved?

Back 6

Workers remains free to sue a 3rd party after getting WC benefits. Ex. you can also sue a manufacturer for a defective device.
• General contractors often hire a sub-contractor to do a specific part of the work. Sub-K worker gets hurt. He gets WC from the sub-K (his boss) and then can sue the gen K for negligence.