Work Injury Attorney – Queens, NY
It is possible that some workers will not be able to receive workers’ compensation benefits even if they fell ill or were injured while working. It is important to understand that, most of the time, only fully recognized employees of most employers are eligible for such benefits. However, there are exceptions to this general rule. As a result, if you have been injured on the job, it is important to connect with an experienced Queens, New York work injury attorney as soon as you can. Even if your position falls under an exemption category, you may still be entitled to benefits. Alternatively, you may be able to explore legal alternatives, like filing a personal injury claim, in order to recover compensation for your injuries. The legal team at Polsky, Shouldice & Rosen, P.C. has extensive experience helping injured workers in numerous positions and we would be happy to help clarify your options and provide you with support.
Again, it is important to take “general rules” with a grain of salt. An experienced Queens, NY work injury attorney may be able to help you obtain benefits even if your position falls into one of the following general exemption categories:
Independent Business Owners
Most states have rules that do not allow a business owner, partner, or sole proprietor to receive workers’ compensation benefits. Certain states, including Washington, do have a rule that allows these people to elect to have workers’ compensation insurance as long as they cover the premiums.
Volunteers are not considered to be employees; therefore, they are very rarely covered by workers’ compensation insurance. Some organizations do have workers’ compensation for their volunteers, but this is on a case by case basis. Exceptions to this may include volunteer police officers or firefighters, as well as, any other volunteer that has been requested by police, firefighters, or the state.
Federal Employees, Maritime, and Railroad Workers
Although federal employees and employees who work in the railroad or maritime industries may be able to apply for workers’ compensation benefits, there are different programmes set up for them. The benefits are similar to the state programs, but may also cover certain things that are applicable to their jobs. For example, maritime workers’ may be eligible for compensation for injuries, as well as, occupational diseases that occur on open waters and piers in the U.S. If you fall into one of these categories, you should consult a Queens, NY work injury attorney who handles federal, maritime, or railroad workers’ compensation claims.
In general, independent contractors are not eligible for workers’ compensation benefits. It is certainly possible that there has been an error and the employee has been wrongfully classified as an independent contractor. If you signed a 1099 form, but you believe your employee is trying to avoid paying payroll taxes and insurance premiums, please call a Queens, NY work injury attorney about your options.
Additional Exceptions that Apply
Every state has an established list of employees who will not qualify for workers’ compensation. This varies by state, but often includes:
- Part time gardeners
- Part time maintenance workers
- Part time domestic workers
- Workers who perform limited work over a limited period
- Taxi drivers
- Select agricultural workers
If You Are Unsure, Call a Workers’ Compensation Lawyer
If you have been injured on the job, and would like to know if workers’ compensation benefits are available, please call a Queens, NY work injury attorney now. Even if you are not eligible for these benefits, it may be possible to file for another type of benefit or even a personal injury claim.