If you work in the state of New York as a domestic employee, you are entitled to certain protections under state law. Under New York law if you work for the same employer for a minimum of 40 hours per week, excluding any farm work, then your employer is required to meet worker compensation requirements. This includes having the right level of insurance in the event that you are injured on the job, and need to file a workers’ compensation claim. Even though you are a domestic employee, the state of New York sees you only as a worker, and this means you are entitled to the same protections as somebody who would, for example, be working on a construction site. Clearly somebody working in the domestic environment can suffer an on-the-job injury such as a slip and fall, and have needs under workers protection laws.
Insurance Requirements and Why It Matters
Since the state of New York views a domestic worker as a regular worker, with no distinction, the person who is employing a domestic worker is required to carry a certain level of insurance under New York law. For the worker, this means that if they are injured on the job, they have a level of protection and the ability to get compensation from the insurance company. Naturally, domestic workers are required to follow similar protocols to non-domestic workers if they have been injured. This includes informing your employer in writing of your injuries within a short time after having sustained the injury. In the event, that the insurance company decides to dispute your claim, having this written letter to your employer will become critical.
An On-The-Job Injury
In order for you to file a claim against the insurance company, or against your employer, you have to meet certain requirements of New York compensation law. This includes that you must be working actively for the employer and in the capacity that is part of your job description. This job description, and the functions there in, should be specified in insurance policy that your employer has. The second thing that you have to show is that the injury, illness, or disability which happened occurred because of your job and while you were performing the duties involved in your domestic employment. Injuries that occur outside of your regular job duties may not be considered an on-the-job injury, which would need to be reviewed on a case-by-case basis.
If You Are Injured
If, during the course of your domestic employment job functions, you do suffer an injury there are two things that you must do it immediately. The first is you must give your employer written notice of the incident which lists out things like how and where the accident occurred, and what you were doing at the time. This must be done within 30 days of the accident occurring. A copy of this should be maintained by you, as the employee. The second thing you need to do is get a medical examination, and a medical report, that clearly lay out your injury, disability, or illness and that it was caused while performing tasks specific to your domestic employment.
Call Wingate, Russotti, Shapiro & Halperin, LLP Today
If you are a domestic employee in New York and have been injured on the job, you have rights. Wingate, Russotti, Shapiro & Halperin, LLP can work to ensure that you are compensated for your injuries. Call today to schedule a consultation and to discuss your case in further detail. Our New York on the job injury attorneys can be reached at (212) 986- 7353.