Yes, you can qualify for workers’ comp if you’re self-employed in New York. Self-employed individuals can purchase workers’ compensation coverage voluntarily, ensuring financial protection if they suffer a work-related injury or illness.
Understanding how these laws apply to you is crucial, as New York mandates workers’ compensation insurance in certain situations, even for self-employed professionals. A New York workers’ compensation lawyer can help you understand the legal issues and guidelines around this type of insurance as well.
Workers’ compensation offers essential protection for injuries and illnesses that may occur during your work. Coverage includes benefits for medical care and lost wages. If someone passes away because of a work injury, it also gives death benefits to surviving loved ones.
Navigating workers’ compensation laws in New York can be challenging, especially for self-employed individuals. While traditional employees are covered by their employers, self-employed workers, including freelancers, independent contractors, and small business owners, must take extra steps to access these benefits.
Below, we’ll take you through some specific challenges when suffering a work-related illness or injury as a self-employed worker.
New York’s workers’ compensation system does not automatically cover self-employed workers. Without an employer to provide coverage, self-employed individuals are responsible for securing their policy.
Many self-employed individuals mistakenly believe they are covered under general liability insurance or through their clients’ workers’ comp policies. However, this is not the case unless explicitly stated in a contract.
Without coverage, self-employed individuals risk shouldering all medical expenses and lost income if injured on the job. To mitigate this, New York allows self-employed workers to voluntarily purchase workers’ compensation insurance to protect themselves and their businesses. However, this is an additional cost that can be difficult for some to afford.
In New York, self-employed individuals are generally not required to carry workers’ compensation insurance unless they have employees. However, if you hire subcontractors or other workers, you are legally obligated to provide coverage for them. Understanding what coverage laws apply to you and your business is essential.
Specific industries, like construction, may have stricter requirements for subcontractors to maintain coverage. Failing to carry required insurance can result in severe penalties, including fines and business closures. To ensure compliance and avoid liabilities, self-employed individuals should carefully assess their business structure and legal obligations under New York’s Workers’ Compensation Law.
Our attorneys can help you with any complications you are facing as a self-employed person seeking workers’ comp benefits.
If you are self-employed, there may be a few workers’ compensation insurance options depending on your unique situation.
Self-employed individuals in New York can purchase workers’ compensation insurance voluntarily. This option provides financial protection for work-related injuries or illnesses, covering medical expenses and lost wages.
Policies can be obtained through private insurance companies or the New York State Insurance Fund (NYSIF), a state-operated insurer offering competitive rates.
As explained previously, even if you are self-employed, if you hire employees or work in a partnership, New York law requires you to carry workers’ compensation insurance for your employees.
Having coverage ensures compliance and protects your business from penalties. It also ensures you have the protection you need for any injuries you sustain on the job.
Subcontractors may sometimes fall under the workers’ compensation policy of the hiring contractor, depending on the agreement. It’s essential to confirm coverage terms in advance to avoid unexpected gaps.
If you purchased workers’ compensation insurance and suffer an injury or illness, you will need to know how to obtain your benefits. Below, we’ll go through the steps to do so.
Your first step is reporting the injury or illness to your workers’ compensation insurance provider. The sooner you do so, the better.
Ensure that, except for emergency medical services, you seek medical care from an authorized provider.
Keep receipts if you pay any bills related to your injury or illness.
Within either 14 days of your claim being submitted or included alongside your first benefits check, the insurer must acknowledge receipt of your claim and provide you with a written statement of your rights.
The insurer may investigate your workers’ compensation claim to ensure your claim is not fraudulent.
If the insurer deems your claim is valid, in most cases, it will begin paying out benefits. Typically, you will receive benefit payments every two weeks.
To contest your claim, the insurer must notify you that it is doing so. This notice must contain the reason for not paying out your claim.
Your workers’ comp lawyer can appeal this decision.
Without workers’ compensation coverage, you may need to explore alternative options, such as third-party liability claims or other insurance policies. Navigating this process can be complex.
We know that the time after an on-the-job injury can be scary and stressful, especially if you aren’t sure if you have benefits to cover you. This is why our team handles cases on a contingency fee basis. You don’t pay anything to get started. In fact, our fee is only deducted from the benefits you receive, never from your own pocket.
At O’Connor Law, we have a 10/10 AVVO rating for our work helping injured workers throughout New York. Contact us today to discuss your options. The case review is free.
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At O’Connor Law, we understand the pain and frustration that can accompany a life-changing injury or illness. Whether you’re seeking New York workers’ compensation benefits or need to apply for Social Security disability, we’ll fight for your rights so you can focus on what matters most: taking care of your health and the ones you love.
When an injury or illness has left you unable to work, you’re facing an uncertain future. How will you access the medical care you need? How will you pay your rent and continue to put food on the table? What happens if you’re faced with unexpected expenses?
At O’Connor Law, we know that workers compensation and Social Security disability benefits play a vital role in providing a sense of financial stability when disaster strikes. Let us alleviate some of your fear and anxiety by helping you to access the benefits you need for yourself and your family in New York.
You’ve worked hard your whole life, and we believe you deserve to be taken care of in your time of need. If you’ve been hurt in a work-related accident or are struggling with the effects of a repetitive stress injury related to your employment, the New York workers compensation system provides vital medical care and wage replacement benefits.
Although some workers comp claims are settled quickly, cases involving serious injuries or substantial time missed from work can be quite complex. If your employer is contesting the seriousness of your injuries, we can document your condition and appeal your denial with the Workers Compensation Board.
Social Security disability benefits provide monthly cash payments to individuals who suffer from serious medical conditions limiting their ability to work full-time. The program is funded by the Social Security taxes paid by all part-time and full-time workers.
If your condition has left you unable to work, we can assist you in preparing your initial application for benefits or navigating the appeals process. Don’t let small mistakes or simple omissions jeopardize your eligibility for the benefits you’ve been counting on.
At O’Connor Law, we take pride in our empathic and holistic approach to helping clients navigate one of the most challenging times in their lives. We’ll clearly explain your options and provide regular status updates on your case so you can make informed decisions about what happens next.
To get started, call our New York voffice today at (914) 595-4502 or take a moment to complete our online contact form. A member of our team will be in touch shortly to answer your questions and schedule a free, no-obligation consultation.
