Whether an injury or illness suffered by you or an employee, Workers’ Comp will pay for the medical fees related to treatment and even cover mileage spent to and from the doctors. So, whether you were hit by an errant tool dropped from above, or contracted an infectious disease while on the job, you can have peace of mind knowing the expenses are covered while you’re at home—or in the hospital—recovering.
Did You Know This About Workers’ Compensation?
Does New York Require Workers’ Comp if I Am the Only Employee?
Though New York requires all for-profit businesses (and even most non-profit) to carry workers’ compensation insurance, you may be exempt as long as you do not have any other employees, including such workers who are:
- Part-time
- Volunteer
- Unpaid Family
- Leased or Borrowed
- Independent Contractors
Even if you find yourself exempt, it is still a smart move to cover yourself and your financial security with Workers’ Comp should you ever get hurt and have to take time away from the business. It’s hard enough having to close shop to recover, more so when you have to pay out of pocket.
Can an Employee Claim Workers’ Comp When Injured Off-site?
Absolutely. So long as an individual working for you is injured while performing their duties, whether they fall and break a leg at the office or trip over a co-worker’s briefcase and break their arm in a meeting at the local restaurant, any injury suffered as part of their work is a viable claim that must be reported by the business within 10 days of the incident or face punishing fines by the New York Workers’ Compensation Board.
Can an Employee Still Sue if they Collect Workers’ Comp?
Short Answer? No. In New York, Workers’ Compensation insurance is generally an employee’s only legal option for injuries and illnesses incurred while working. In other words, an employee cannot sue their peers or the business for negligence that caused the injury, unless they can prove it was caused intentionally.
Examples of where an employee can opt to sue rather than collect Workers’ Comp:
- Sexual Assault
- Intentional Emotional Distress
- Assault or battery from workplace violence