Who Is The Legally Considered An Employee?

In New York, as in all states, there must be a legal definition of who is technically considered an employee and who is not. While it is not always clear, we do have laws that help to define this for the purpose of worker’s compensation.

Legal Definition of Employee FAQ

Are 1099 employees covered under worker’s comp?

The short answer is, it depends. For worker’s comp purposes tax filing status doesn’t matter, what is a better determinant is if someone is paid hourly, weekly, or monthly, they are an employee. If they are paid for the completion of a task, they are an independent contractor, and not covered.

How can you know if someone is considered an employee?

There are some indicators we use to determine eligibility:

-Employees don’t generally control the times they work

-Employees are generally provided with the equipment and tools

-Employees can be hired and fired

Do volunteers and interns need to be covered?

yes, all unpaid volunteers and interns are covered under worker’s compensation, even if they are family.

Is worker’s compensation only for full-time employees?

No, worker’s compensation is for all employees, even temp workers, part-time and others.

When does the court decide if someone if an employee or not?

There is a hearing after the accident where the judge decides if the injured party is an employee.