Workers' Comp (NY)

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).

• 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).

• 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).