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WORKERS' COMPENSATION



WORKERS COMPENSATION - POLICY AND PROCEDURES

Who Is Covered By The Workers' Compensation Law?

Virtually all employers in New York State must provide workers' compensation coverage for their employees (WCL §2 and 3). Employers must post notice of coverage in their place(s) of business (WCL §51). 

  • Workers in all employments conducted for-profit. Part-time employees,  paid employees working within the scope of their duties. Individuals working for a nonprofit organization are considered employees under the WCL in the same manner as those working for a for profit business.

Who Is Not Covered By The Workers' Compensation Law?

  • Individuals who volunteer their services for nonprofit organizations and receive no compensation. Please note that compensation includes stipends, room and board, and other "perks" that have monetary value (WCL §3 Group 18). Money used solely to offset expenses incurred while performing activities for the nonprofit is not counted as a stipend (WCL §2 [9])
  • Clergy and members of religious orders that are performing religious duties (WCL §3 Group 18)
  • Jobs Plus Workers
  • Members of supervised amateur athletic activities operated on a nonprofit basis, provided that such members are not otherwise engaged or employed by any person, firm, or corporation participating in such athletic activity (WCL §3 Group 18)


Whenever an accident occurs on your property or involves your parish, school, or organization, the following steps should be taken immediately:

            1. Document the exact date and time.
            2. Obtain the name, address, phone number and the date of birth of any injured party.
            3. Determine the extent of the injury to the best of your ability and call for medical assistance if necessary. (Be specific about the injury sites)
            4. Ask the injured party to give you a detailed description of how the accident occurred.
            5. Determine the exact location of the accident site.
            6. Obtain names, addresses and phone numbers of any and all potential witnesses. (Remember a witness does not necessarily have to  an eyewitness).
            7. Inspect the accident site immediately, and document your findings.
            8. Attach any diagrams, statements, police reports etc., to the designated Diocesan accident report.
            9. Report all employee bodily injury claims of a serious nature to Bill Doran, Claims Manager in the Risk Management Office within 24 hours at 315-470-1494. Be prepared to give a verbal report of the results of your investigation.

Reasons to report accidents immediately

The New York State Workers’ Compensation Law states that accidents must be reported to the WCB within 10 days of the date of the first notice.  Any employer who fails to file a report within 10 days maybe found guilty of a misdemeanor under Section 110 of the Workers’ Compensation Law, punishable by fine of not more than $2500.

Failure to report an accident on a timely basis causes delays in the investigation process.  The best time to obtain the basic facts is immediately after the accident.

Prompt reporting and investigations are necessary in order to formulate a defense against fraud and unfounded claims.

Failure to report on the job injuries promptly can cause delays in authorizing medical treatment and/or disability benefits.

Early intervention of medical treatment is important to the injured person as well as to the employer getting the employee back to work as soon as possible.

 WORKER COMPENSATION CLAIM