Legal Question in Workers Comp in New York

I work for a non-profit organization as a consultant a few times a month during the academic year. I have been receiving a 1099 from them for the 8+ years I have been doing this. At the same time, I have a salaried job (with benefits, incl. Worker's Comp) for another organization for which I receive a W-2. When I am doing the consulting and am physically at their place, I am covered by their liability insurance, but not by Worker�s Comp. I don�t believe I need to be covered by WCB there, since I am not an employee of theirs. Last week the administrators at my consulting gig asked me for proof that my regular job covers me for workman�s comp. But on the days I�m doing the consulting work I�m never working at my regular job. (I am an employee only at my regular � W-2 � job.)

Here�s my question: Does my having WCB coverage at my regular job benefit the non-profit for whom I do consulting in any way at all? As I said, the non-profit is asking for proof that my regular job covers me for WCB, and I cannot see how having the policy number of my regular job�s policy will help the non-profit in any way.


Asked on 3/22/10, 2:29 pm

1 Answer from Attorneys
Brian Mittman Markhoff & Mittman, PC

Unfortunatelty the question you are being asked is not going to protect the not for profit. Workers compensation covers employees when the are injured for accidetns "arising out of and in the course of their employment". So even if your main job has workers compensation it will NOT cover you for accidents or illnesses occuring while you are at the consulting job. (If you hurt yourself at your main job and cannot work either place you are covered under the main job)

It is really a question of what the purpose the not for profit is asking. There is a possiblity that you could be found to be an employee of the not for profit even though you get a 1099. Therefore, if they have workers compensation coverage you are covered. If they dispute you are an employee and they win, then that is why they should have liability insurance.

Read more
Answered on 3/27/10, 2:41 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in New York