What You Should Know About Workers’ Compensation in Staten Island

Workers’ compensation is a program run by the individual States and is dedicated to providing employees injured while carrying out the duties of their job with benefits and compensation. Under the Workers’ Compensation Law, employers are required to purchase workers’ compensation insurance, which will pay out the benefits to the employee in case they are afflicted by a work-related injury or illness. Although no one plans to be injured, it is important to know your rights and options in case you are injured.

Who Is An Employee Under the Workers’ Compensation Law?

Under Workers’ Compensation Law in New York State regions such as Staten Island, the term “employee” typically includes full-time and part-time employees, day labor, leased employees, unpaid volunteers and in certain cases, independent contractors. To qualify whether a claimant is an employee or not, each claim is reviewed based on several factors, including:

Right to Control – If the person or organization (employer) is controlling where the work is done and the manner in which it is done, the worker is considered an employee, even if they are a contractor or an unpaid employee (including family members). However, if the worker is a truly independent contractor and operates under his or her own operating permit, contract of terms, including the place the work is completed, they are not considered an employee and therefore, would not be covered under Workers’ Compensation in New York areas such as Staten Island.

Equipment Used – If the worker is being provided equipment by the individual or organization (employer), this may indicate an employee-employer relationship, but may need other supporting facts.

Method of Payment – This can often be the deciding factor of whether the claimant is considered an “employee” or not. Employees typically get paid wages on an hourly, daily, weekly or monthly basis, from which the hiring individual or organization withholds taxes and provides benefits such as health insurance, FICA, unemployment insurance, pension, etc.

If you have been injured on the job, it is suggested that you consult a Workers’ Compensation attorney in Staten Island. Although hiring legal representation does not guarantee that your claim will be approved, an experienced attorney can help ensure that all of the appropriate steps are followed to establish your claim. Consulting an attorney is especially important if you need to establish proof that you are an employee under the Workers’ Compensation Law.