Workers' Comp (NY)

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Author:
brozovic
ID:
89317
Filename:
Workers' Comp (NY)
Updated:
2011-06-05 17:25:59
Tags:
workers comp
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Description:
Workers' Compensation (NY)
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  1. Covered Employees
    Virtually everyone.

    Exceptions:

    --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).
  2. Covered Injuries
    • Virtually everything.
    • Exclusions:
    • --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).
  3. Available Recovery
    • 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.


    Cannot also sue employer in tort.

    • 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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