Workers' Comp (NY)
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--Teachers and other non-manual-laborers at educational, religious, and non-profits.
--Part time domestic and household employees (babysitters, part-time housekeepers/gardeners).
--Independent contractors (ind Kr painter injured in your home).
- Virtually everything.
- --Injury solely due to employee intoxication.
- --Employee intentionally caused injury to self.
- Injury occurs in voluntary, off-duty athletic activity.
Ambiguity: horseplay. Decided case-by-case; if major, may be outside scope of employment.
- Illegal Acts
- Illegal acts committed by employees during employment are covered (roofer stealing copper gutters).
Cannot also sue employer in tort.
- If you are a covered employee with a covered injury, you get
- --2/3 of average weekly wage (but not taxed);
- --out-of-pocket medical expenses;
- --if death, statutorily prescribed amount + funeral expenses;
- --No pain and suffering or punitive.
- But can sue third parties.
- --(Employees injured using industrial equipment; workers comp from employer and possible tort against manufacturer).
- --(Employees of subKrs; workers comp from subKr and possible tort against GC).
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