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Who Isn’t Covered by Workers Compensation Law

Last week we spoke about Workers Compensation Law and which types of employees needed to be covered under its statutes.  This week we are going to focus on the opposite.  Every law has its limitations, and if you are a contractor who would like to avoid heavy fines and penalty, it would be in your best interest to learn and understand who isn’t covered by workers compensation law.

The following individuals do not need to be covered by workers compensation law:

  • Anyone who volunteers their time for a nonprofit and receives no compensation of any form.  This includes stipends, room and board, or other “perks” that have a monetary value.
  • Anyone who performs religious duties such as clergy men and religious orders.
  • Members of an athletic organizations who operate on a nonprofit basis just as long as they aren’t otherwise employed by any other person, firm, or corporation.
  • Those who teach in, or for, nonprofit, religious, or educational organizations.  In order to be exempt the teachers can only perform teaching duties.
  • Those performing non manual work in, or for, nonprofit, religious, or educational organizations.  Manual labor is categorized as tasks such as filing, carrying materials, cleaning, playing music, moving furniture, shoveling snow, mowing lawns and construction.
  • People receiving charitable aid from a charitable organization who do work in exchange, but do not have a contract.
  • People who are covered for specific work like railroads and maritime trades who are covered under other workers comp law.
  • The spouse and children of a farmer as long as they are not under a contract for work.
  • Employees of foreign government and Native American Nations.
  • Police officers and Firefighters covered under NY State Municipal Law.
  • People, including minors, who do casual yard work or chores in and around a one family home.
  • Real Estate Salespeople who sign off as independent contractors.
  • Media Salespeople who sign off as independent contractors.
  • Insurance Salespeople and Agents who sign off as independent contractors.
  • Sole Proprietors, Partners, or anyone two corporate officers with no other individuals providing any service to the business.

By learning the law you not only protect yourself from violations, but you ensure that your workers safety will be insured.  You can also protect your business from any accidents that would happen.  Learning if your employees are or are not covered by workers compensation law is just the first step.  Stay tuned for more information on who would be considered a worker under workers compensation law.



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