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Workers’ Compensation Claims for New York Domestic Workers

by | Jul 30, 2023 | Workers' Compensation

Domestic workers in New York enjoy some workers’ compensation protection. Employers must have workers’ compensation coverage for employees working 40 hours or more a week, including live-in and live-out nannies, housekeepers, cooks, home health aides, butlers, drivers, and gardeners.

Workers’ compensation may also apply in cases where the worker is sleeping and eating at the employer’s residence or off-premises, running errands, and performing other duties for the employer. Any hours where the employer requires the domestic workers’ presence count. 

Workers’ compensation is also required whenever you have a minor handling of power-driven machinery, including a power lawnmower.

Employers must also provide domestic workers who work over 40 hours a week with a statutory disability benefits policy. Domestic workers are also entitled to minimum wage, overtime pay, and at least one day off per week.

Your immigration status does not matter. You are entitled to workers’ compensation benefits even if you are undocumented. However, if you are about to pursue a workers’ compensation claim, we do recommend hiring an immigration lawyer at the same time you hire a workers’ compensation lawyer, as the workers’ compensation case could expose your undocumented status to the wrong individuals or employers may contact ICE just to retaliate against you for filing a claim. 

If you are injured on the job, you should take the same steps as any other employee:

  • Report the injury to your employer
  • Seek medical attention from an approved doctor on your employer’s list or from the ER
  • Follow the doctor’s instructions
  • Fill out Form C-3 to alert the state Workers’ Compensation Board
  • Follow any work or activity restrictions provided by your doctor

Many workplace injury cases run very smoothly. You get a portion of your wages while you recover, your medical bills get paid, and you return to work. 

Sometimes, employers don’t want to pay, workers’ compensation denies the or delays the claim, or other problems arise. When that happens, hiring a workers’ compensation attorney who can help you navigate the process is vital. 

Domestic workers are often vulnerable to employer abuses, but you don’t have to face your workers’ compensation case alone. If you’re having trouble, contact our office for a free consultation. We will help you protect your rights.

See also:

Can Your Immigration Status Stop You from Receiving Workers’ Compensation in New York?

Steps to Take After Getting Injured on the Job in New York

Types of New York Workers’ Compensation Benefits