# Short Title; Definitions; Application Aggregated by Superinsight from public-domain sources, as of 2026-09-02. Domain: wc/ny. --- ## WKC § 1 — Short title {#1} *N.Y. Workers' Comp. Law § 1* Official source: _NYS Open Legislation, revision of 2014-09-22._ § 1. Short title. a. This chapter shall be known as the "workers' compensation law." b. Reference in this chapter or in any other law to the workmen's compensation law shall be deemed to mean and refer to the workers' compensation law. The terms "workman" or "workmen" appearing in this chapter shall be deemed to mean "worker" or "workers", respectively. The terms "he," "his," or "him," appearing in this chapter shall be deemed to mean "he or she," "his or her," and "him or her." --- ## WKC § 2 — Definitions {#2} *N.Y. Workers' Comp. Law § 2* Official source: _NYS Open Legislation, revision of 2022-02-25._ § 2. Definitions. As used in this chapter, 1. "Hazardous employment" means a work or occupation described in section three of this chapter. 2. "Department" means the department of labor of the state of New York; "Chairman" means the chairman of the workers' compensation board of the state of New York; "Commissioner" means the industrial commissioner of the state of New York; "Board" means the workers' compensation board of the state of New York; "Commissioners" means the commissioners of the state insurance fund of the department of labor of the state of New York. 3. "Employer," except when otherwise expressly stated, means a person, partnership, association, corporation, and the legal representatives of a deceased employer, or the receiver or trustee of a person, partnership, association or corporation, having one or more persons in employment, including the state, a municipal corporation, fire district or other political subdivision of the state, and every authority or commission heretofore or hereafter continued or created by the public authorities law. For the purposes of this chapter only "employer" shall also mean a person, partnership, association, corporation, and the legal representatives of a deceased employer, or the receiver or trustee of a person, partnership, association or corporation who delivers or causes to be delivered newspapers or periodicals for delivering or selling and delivering by a newspaper carrier under the age of eighteen years as defined in section thirty-two hundred twenty-eight of the education law, but shall not include delivering newspapers or shopping news to the consumer (including any services directly related to such trade or business) by a person who is not performing commercial goods transportation services for a commercial goods transportation contractor within the meaning of article twenty-five-C of the labor law. For the purpose of this chapter only, "employer" shall also mean a person, partnership, association, or corporation who leases or otherwise contracts with an operator or lessee for the purpose of driving, operating or leasing a taxicab as so defined in section one hundred forty-eight-a of the vehicle and traffic law, except where such person is an owner-operator of such taxicab who personally regularly operates such vehicle an average of forty or more hours per week and leases such taxicab for some portion of the remaining time, and except if the taxicab is a livery subject to section eighteen-c of this chapter, in which case the livery driver's employer shall only be such employer as is defined in that section. For the purposes of this section only, such an owner-operator shall be deemed to be an employer if he controls, directs, supervises, or has the power to hire or terminate such other person who leases the vehicle. Notwithstanding any other provision of this chapter and for purposes of this chapter only, "employer" shall mean, with respect to a jockey, apprentice jockey or exercise person licensed under article two or four of the racing, pari-mutuel wagering and breeding law, and at the election of the New York Jockey Injury Compensation Fund, Inc., with the approval of the New York state gaming commission, employees of licensed trainers or owners, performing services for an owner or trainer in connection with the training or racing of a horse at a facility of a racing association or corporation subject to article two or four of the racing, pari-mutuel wagering and breeding law and subject to the jurisdiction of the New York state gaming commission, The New York Jockey Injury Compensation Fund, Inc. and all owners and trainers who are licensed or required to be licensed under article two or four of the racing, pari-mutuel wagering and breeding law at the time of any occurrence for which benefits are payable pursuant to this chapter in respect to the injury or death of such jockey, apprentice jockey, exercise person or, if approved by the New York state gaming commission, employee of a licensed trainer or owner. Notwithstanding any other provision of this chapter, and for purposes of this chapter only, the employer of a black car operator, as defined in article six-F of the executive law, shall, on and after the fund liability date, as defined in such article, be the New York black car operators' injury compensation fund, inc. created pursuant to such article. For the purpose of this chapter only, whether a livery base operating in any locality where liveries must register with a local taxi and limousine commission shall be deemed the "employer" of any livery driver engaging in covered services shall be determined in accordance with section eighteen-c of this chapter. 4. "Employee" means a person engaged in one of the occupations enumerated in section three of this article or who is in the service of an employer whose principal business is that of carrying on or conducting a hazardous employment upon the premises or at the plant, or in the course of his or her employment away from the plant of his or her employer; "employee" shall also mean for the purposes of this chapter any individual performing services in construction for a contractor who does not overcome the presumption of employment as provided under section eight hundred sixty-one-c of the labor law; "employee" shall also mean for the purposes of this chapter any individual performing services in the commercial goods transportation industry for a commercial goods transportation contractor who does not overcome the presumption of employment as provided under section eight hundred sixty-two-b of the labor law; "employee" shall also mean for the purposes of this chapter civil defense volunteers who are personnel of volunteer agencies sponsored or authorized by a local office under regulations of the civil defense commission, to the extent of the provisions of groups seventeen and nineteen; "employee" shall at the election of a municipal corporation made pursuant to local law duly enacted also mean a member of an auxiliary police organization authorized by local law; and for the purposes of this chapter only a newspaper carrier under the age of eighteen years as defined in section thirty-two hundred twenty-eight of the education law, but shall not include delivery of newspapers or shopping news to the consumer (including any services directly related to such trade or business) by a person who is not performing commercial goods transportation services for a commercial goods transportation contractor within the meaning of article twenty-five-C of the labor law, and shall not include domestic servants except as provided in section three of this chapter, and except where the employer has elected to bring such employees under the law by securing compensation in accordance with the terms of section fifty of this chapter. The term "employee" shall not include persons who are members of a supervised amateur athletic activity operated on a non-profit basis, provided that said members are not also otherwise engaged or employed by any person, firm or corporation participating in said athletic activity, nor shall it include the spouse or minor child of an employer who is a farmer unless the services of such spouse or minor child shall be engaged by said employer under an express contract of hire nor shall it include an executive officer of a corporation who at all times during the period involved owns all of the issued and outstanding stock of the corporation and holds all of the offices pursuant to paragraph (e) of section seven hundred fifteen of the business corporation law or two executive officers of a corporation who at all times during the period involved between them own all of the issued and outstanding stock of such corporation and hold all such offices except as provided in subdivision six of section fifty-four of this chapter provided, however, that where there are two executive officers of a corporation each officer must own at least one share of stock, nor shall it include a self-employed person or a partner of a partnership as defined in section ten of the partnership law who is not covered under a compensation insurance contract or a certificate of self-insurance as provided in subdivision eight of section fifty-four of this chapter, nor shall it include farm laborers except as provided in group fourteen-b of section three of this chapter. If a farm labor contractor recruits or supplies farm laborers for work on a farm, such farm laborers shall for the purposes of this chapter be deemed to be employees of the owner or lessee of such farm. The term "employee" shall not include baby sitters as defined in subdivision three of section one hundred thirty-one and subdivision three of section one hundred thirty-two of the labor law or minors fourteen years of age or over engaged in casual employment consisting of yard work and household chores in and about a one family owner-occupied residence or the premises of a non-profit, non-commercial organization, not involving the use of power-driven machinery. The term "employee" shall not include persons engaged by the owner in casual employment consisting of yard work, household chores and making repairs to or painting in and about a one-family owner-occupied residence. The term "employee" shall not include the services of a licensed real estate broker or sales associate if it be proven that (a) substantially all of the remuneration (whether or not paid in cash) for the services performed by such broker or sales associate is directly related to sales or other output (including the performance of services) rather than to the number of hours worked; (b) the services performed by the broker or sales associate are performed pursuant to a written contract executed between such broker or sales associate and the person for whom the services are performed within the past twelve to fifteen months; and (c) the written contract provided for in paragraph (b) of this subdivision was not executed under duress and contains the following provisions: (i) that the broker or sales associate is engaged as an independent contractor associated with the person for whom services are performed pursuant to article twelve-A of the real property law and shall be treated as such for all purposes, including but not limited to federal and state taxation, withholding, unemployment insurance and workers' compensation; (ii) that the broker or sales associate (A) shall be paid a commission on his or her gross sales, if any, without deduction for taxes, which commission shall be directly related to sales or other output; (B) shall not receive any remuneration related to the number of hours worked; and (C) shall not be treated as an employee with respect to such services for federal and state tax purposes; (iii) that the broker or sales associate shall be permitted to work any hours he or she chooses; (iv) that the broker or sales associate shall be permitted to work out of his or her own home or the office of the person for whom services are performed; (v) that the broker or sales associate shall be free to engage in outside employment; (vi) that the person for whom the services are performed may provide office facilities and supplies for the use of the broker or sales associate, but the broker or sales associate shall otherwise bear his or her own expenses, including but not limited to automobile, travel, and entertainment expenses; (vii) that the person for whom the services are performed and the broker or sales associate shall comply with the requirements of article twelve-A of the real property law and the regulations pertaining thereto, but such compliance shall not affect the broker or sales associate's status as an independent contractor nor should it be construed as an indication that the broker or sales associate is an employee of the person for whom the services are performed for any purpose whatsoever; (viii) that the contract and the association created thereby may be terminated by either party thereto at any time upon notice given to the other. "Employee" shall also mean, for purposes of this chapter, an infant rendering services for the public good as prescribed in sections seven hundred fifty-eight-a and 353.6 of the family court act. For the purpose of this chapter only, "employee" shall also mean a driver, operator or lessee who contracts with an owner, operator or lessor for the purpose of operating a taxicab as so defined in section one hundred forty-eight-a of the vehicle and traffic law, except where such person leases the taxicab from a person who personally, regularly operates such vehicle an average of forty or more hours per week, and except if the taxicab is a livery subject to section eighteen-c of this chapter, in which case the livery driver's employer shall only be such employer as is defined in that section. For the purposes of this section only, such person shall be deemed to be an employee of the owner-operator if the owner-operator controls, directs, supervises, or has the power to hire or terminate such person. "Employee" shall also mean, for purposes of this chapter, a professional musician or a person otherwise engaged in the performing arts who performs services as such for a television or radio station or network, a film production, a theatre, hotel, restaurant, night club or similar establishment unless, by written contract, such musician or person is stipulated to be an employee of another employer covered by this chapter. "Engaged in the performing arts" shall mean performing service in connection with the production of or performance in any artistic endeavor which requires artistic or technical skill or expertise. Notwithstanding any other provision of this chapter, and for purposes of this chapter only, a jockey, apprentice jockey or exercise person licensed under article two or four of the racing, pari-mutuel wagering and breeding law, and at the election of the New York Jockey Injury Compensation Fund, Inc., with the approval of the New York state gaming commission, employees of licensed trainers or owners, performing services for an owner or trainer in connection with the training or racing of a horse at a facility of a racing association or corporation subject to article two or four of the racing, pari-mutuel wagering and breeding law and subject to the jurisdiction of the New York state gaming commission shall be regarded as the "employee" not solely of such owner or trainer, but shall instead be conclusively presumed to be the "employee" of The New York Jockey Injury Compensation Fund, Inc. and also of all owners and trainers who are licensed or required to be licensed under article two or four of the racing, pari-mutuel wagering and breeding law at the time of any occurrence for which benefits are payable pursuant to this chapter in respect of the injury or death of such jockey, apprentice jockey, exercise person or, if approved by the New York state gaming commission, employee of a licensed trainer or owner. "Employee" shall also mean, for purposes of this chapter, a professional model, who: (a) performs modeling services for; or (b) consents in writing to the transfer of his or her exclusive legal right to the use of his or her name, portrait, picture or image, for advertising purposes or for the purposes of trade, directly to a retail store, a manufacturer, an advertising agency, a photographer, a publishing company or any other such person or entity, which dictates such professional model's assignments, hours of work or performance locations and which compensates such professional model in return for a waiver of such professional model's privacy rights enumerated above, unless such services are performed pursuant to a written contract wherein it is stated that such professional model is the employee of another employer covered by this chapter. For the purposes of this paragraph, the term "professional model" means a person who, in the course of his or her trade, occupation or profession, performs modeling services. For purposes of this paragraph, the term "modeling services" means the appearance by a professional model in photographic sessions or the engagement of such model in live, filmed or taped modeling performances for remuneration. Notwithstanding any other provision of this chapter, and for purposes of this chapter only, a black car operator, as defined in article six-F of the executive law, shall, on and after the fund liability date, as defined in such article, be an "employee" of the New York black car operators' injury compensation fund, inc. created pursuant to such article. "Employee" shall not include, for the purposes of this chapter, the services of a licensed insurance agent or broker if it be proven that (a) substantially all of the remuneration (whether or not paid in cash) for the services performed by such agent or broker is directly related to sales or other output (including the performance of services) rather than to the number of hours worked; (b) such agent is not a life insurance agent receiving a training allowance subsidy described in paragraph three of subsection (e) of section four thousand two hundred twenty-eight of the insurance law; (c) the services performed by the broker or sales associate are performed pursuant to a written contract executed between such broker or sales associate and the person for whom the services are performed; and (d) the written contract provided for in clause (c) of this paragraph was not executed under duress and contains the following provisions: (i) that the agent or broker is engaged as an independent contractor associated with the person for whom services are performed pursuant to article twenty-one of the insurance law and shall be treated as such for all purposes, including but not limited to federal and state taxation, withholding (other than federal insurance contributions act (FICA) taxes required for full time life insurance agents pursuant to section 3121(d)(3) of the federal internal revenue code), unemployment insurance and workers' compensation; (ii) that the agent or broker (1) shall be paid a commission on his or her gross sales, if any, without deduction for taxes (other than federal insurance contributions act (FICA) taxes required for full time life insurance agents pursuant to section 3121(d)(3) of the federal internal revenue code), which commission shall be directly related to sales or other output; (2) shall not receive any remuneration related to the number of hours worked; and (3) shall not be treated as an employee with respect to such services for federal and state tax purposes (other than federal insurance contributions act (FICA) taxes required for full time life insurance agents pursuant to section 3121(d)(3) of the federal internal revenue code); (iii) that the agent or broker shall be permitted to work any hours he or she chooses; (iv) that the agent or broker shall be permitted to work out of his or her own office or home or the office of the person for whom services are performed; (v) that the person for whom the services are performed may provide office facilities, clerical support, and supplies for the use of the agent or broker, but the agent or broker shall otherwise bear his or her own expenses, including but not limited to automobile, travel, and entertainment expenses; (vi) that the person for whom the services are performed and the agent or broker shall comply with the requirements of article twenty-one of the insurance law and the regulations pertaining thereto, but such compliance shall not affect the agent's or broker's status as an independent contractor nor should it be construed as an indication that the agent or broker is an employee of the person for whom the services are performed for any purpose whatsoever; (vii) that the contract and the association created thereby may be terminated by either party thereto at any time with notice given to the other. "Employee" shall not include a media sales representative if it be proven that (a) substantially all of the compensation for the services performed by such media sales representative is directly related to sales or other productivity rather than to the number of hours worked; (b) the media sales representative must be incorporated under the laws of this state in order to be considered an independent contractor and shall be solely responsible for the payment of workers' compensation premiums; (c) the services performed by the media sales representative are performed pursuant to a written contract executed between such media sales representative and the person for whom the services are performed; and (d) the written contract provided for in subparagraph (c) of this paragraph was not executed under duress and contains the following provisions: (i) that the media sales representative is engaged as an independent contractor associated with the person for whom services are performed and shall be treated as such for all purposes, including but not limited to federal and state taxation, withholdings, and workers' compensation; (ii) that the media sales representative (A) shall be paid a commission based on a fixed fee rate outlined in the written contract, if any, without deduction for taxes, which commission shall be directly related to sales pursuant to price guidelines or other productivity within the sales area; (B) shall not receive any compensation related to the number of hours worked; and (C) shall not be treated as an employee with respect to such services for federal and state tax purposes; (iii) that the media sales representative shall be permitted to work any hours he or she chooses subject to the restrictions in section three hundred ninety-nine-p of the general business law; (iv) that the media sales representative may work at any site other than on the premises of the person for whom services are performed; (v) that the person for whom the services are performed shall not be responsible for any reimbursement expenses other than those outlined in the written contract; (vi) that the person for whom the services are performed and the media sales representative shall comply with all articles of the labor law that apply to such work other than article eighteen of the labor law, but such compliance shall not affect the media sales representative's status as an independent contractor nor shall it be construed as an indication that the media sales representative is an employee of the person for whom the services are performed for any purpose whatsoever; and (vii) that the contract and the association created thereby may be terminated by the media sales representative thereto at any time with two weeks notice given to the person for whom the services are performed. For the purposes of this subdivision, "media sales representative" shall include any contractor engaged in the sale or renewal of magazine subscriptions or the sale or renewal of magazine advertising space who (i) receives no direction or control on the methods by which they perform services other than training on product characteristics, (ii) are solely in control of their work schedule, and (iii) may refuse any work assignment. For the purpose of this chapter only, whether a livery driver dispatched by an independent livery base, as those terms are defined in article six-G of the executive law, is an "employee" shall be determined in accordance with section eighteen-c of this chapter. 5. "Employment" includes employment in a trade, business or occupation carried on by the employer for pecuniary gain, or in connection therewith, except where the employer elects to bring his or her employees within the provisions of this chapter as provided in section three of this article, and except employment as a domestic worker as provided in section three of this article, and except where a town elects to have the provisions of this chapter apply to the town superintendent of highways. "Employment" shall also include, in connection with the civil defense effort and for purposes of this chapter the service of a civil defense volunteer in authorized activities of a volunteer agency sponsored or authorized by a local office as defined in a state defense emergency act. "Employment" shall also include participation with an auxiliary police effort made within a municipal corporation which elected to include auxiliary police officers within the definition of "employee" as authorized by subdivision four of this section and for purposes of this chapter, the services of members or volunteers in activities authorized by local law. The service of a civil defense volunteer who is also an employee recompensed by an employer for service to such employer, shall not be deemed to be in employment of a local office when he or she is performing civil defense service in his or her employment or in relation thereto. For the purposes of this chapter only "employment" shall also include the delivery or sale and delivery of newspapers or periodicals by a newspaper carrier as defined in section thirty-two hundred twenty-eight of the education law, but shall not include delivery of newspapers or shopping news to the consumer (including any services directly related to such trade or business) by a person who is not performing commercial goods transportation services for a commercial goods transportation contractor within the meaning of article twenty-five-C of the labor law. The term "employment" shall not include the services of a licensed real estate broker or sales associate if it be proven that (a) substantially all of the remuneration (whether or not paid in cash) for the services performed by such broker or sales associate is directly related to sales or other output (including the performance of services) rather than to the number of hours worked; (b) the services performed by the broker or sales associate are performed pursuant to a written contract executed between such broker or sales associate and the person for whom the services are performed within the past twelve to fifteen months; and (c) the written contract provided for in paragraph (b) herein was not executed under duress and contains the following provisions: (i) that the broker or sales associate is engaged as an independent contractor associated with the person for whom services are performed pursuant to article twelve-A of the real property law and shall be treated as such for all purposes, including but not limited to federal and state taxation, withholding, unemployment insurance and workers' compensation; (ii) that the broker or sales associate (A) shall be paid a commission on his or her gross sales, if any, without deduction for taxes, which commission shall be directly related to sales or other output; (B) shall not receive any remuneration related to the number of hours worked; and (C) shall not be treated as an employee with respect to such services for federal and state tax purposes; (iii) that the broker or sales associate shall be permitted to work any hours he or she chooses; (iv) that the broker or sales associate shall be permitted to work out of his or her own home or the office of the person for whom services are performed; (v) that the broker or sales associate shall be free to engage in outside employment; (vi) that the person for whom the services are performed may provide office facilities and supplies for the use of the broker or sales associate, but the broker or sales associate shall otherwise bear his or her own expenses, including but not limited to automobile, travel, and entertainment expenses; (vii) that the person for whom the services are performed and the broker or sales associate shall comply with the requirements of article twelve-A of the real property law and the regulations pertaining thereto, but such compliance shall not affect the broker or sales associate's status as an independent contractor nor should it be construed as an indication that the broker or sales associate is an employee of the person for whom the services are performed for any purpose whatsoever; (viii) that the contract and the association created thereby may be terminated by either party thereto at any time upon notice given to the other. For the purpose of this chapter only, "employment" shall also include the service of a driver, operator or lessee of a taxicab as so defined in section one hundred forty-eight-a of the vehicle and traffic law, except where a person leases a taxicab from an owner-operator of a taxicab who, regularly operates the vehicle an average of forty or more hours per week. Such a lessee shall be deemed to be in employment if the lessor controls, directs, supervises, or has the power to hire or terminate the lessee. Notwithstanding any other provision of this chapter, and for purposes of this chapter only, a jockey, apprentice jockey or exercise person licensed under article two or four of the racing, pari-mutuel wagering and breeding law, and at the election of the New York Jockey Injury Compensation Fund, Inc., with the approval of the New York state gaming commission, employees of licensed trainers or owners, performing services for an owner or trainer in connection with the training or racing of a horse at a facility of a racing association or corporation subject to article two or four of the racing, pari-mutuel wagering and breeding law and subject to the jurisdiction of the New York state gaming commission shall be regarded as in the "employment" not solely of such owner and trainer, but shall instead be conclusively presumed to be in the "employment" of The New York Jockey Injury Compensation Fund, Inc. and of all owners and trainers who are licensed or required to be licensed under article two or four of the racing, pari-mutuel wagering and breeding law, at the time of any occurrence for which benefits are payable pursuant to this chapter in respect of the injury or death of such jockey, apprentice jockey, exercise person or, if approved by the New York state gaming commission, employee of a licensed trainer or owner. For the purpose of this chapter only, whether a livery driver's performance of covered services, as those terms are defined in article six-G of the executive law, constitutes "employment" shall be determined in accordance with section eighteen-c of this chapter. Notwithstanding any other provision of this chapter, and for purposes of this chapter only, a black car operator, as that term is defined in article six-F of the executive law, shall, on and after the fund liability date, as that term is defined in such article, be regarded as in the "employment" of the New York black car operators' injury compensation fund, inc. created pursuant to such article. "Employment" shall not include, for the purposes of this chapter, the services of a licensed insurance agent or broker if it be proven that (a) substantially all of the remuneration (whether or not paid in cash) for the services performed by such agent or broker is directly related to sales or other output (including the performance of services) rather than to the number of hours worked; (b) such agent is not a life insurance agent receiving a training allowance subsidy described in paragraph three of subsection (e) of section four thousand two hundred twenty-eight of the insurance law; (c) the services performed by the agent or broker are performed pursuant to a written contract executed between such agent or broker and the person for whom the services are performed; and (d) the written contract provided for in clause (c) of this paragraph was not executed under duress and contains the following provisions: (i) that the agent or broker is engaged as an independent contractor associated with the person for whom services are performed pursuant to article twenty-one of the insurance law and shall be treated as such for all purposes, including but not limited to federal and state taxation, withholding (other than federal insurance contributions act (FICA) taxes required for full time life insurance agents pursuant to section 3121(d)(3) of the federal internal revenue code), unemployment insurance and workers' compensation; (ii) that the agent or broker (1) shall be paid a commission on his or her gross sales, if any, without deduction for taxes (other than federal insurance contributions act (FICA) taxes required for full time life insurance agents pursuant to section 3121(d)(3) of the federal internal revenue code), which commission shall be directly related to sales or other output; (2) shall not receive any remuneration related to the number of hours worked; and (3) shall not be treated as an employee with respect to such services for federal and state tax purposes (other than federal insurance contributions act (FICA) taxes required for full time life insurance agents pursuant to section 3121(d)(3) of the federal internal revenue code); (iii) that the agent or broker shall be permitted to work any hours he or she chooses; (iv) that the agent or broker shall be permitted to work out of his or her own office or home or the office of the person for whom services are performed; (v) that the person for whom the services are performed may provide office facilities, clerical support, and supplies for the use of the agent or broker, but the agent or broker shall otherwise bear his or her own expenses, including but not limited to automobile, travel, and entertainment expenses; (vi) that the person for whom the services are performed and the agent or broker shall comply with the requirements of article twenty-one of the insurance law and the regulations pertaining thereto, but such compliance shall not affect the agent's or broker's status as an independent contractor nor should it be construed as an indication that the agent or broker is an employee of the person for whom the services are performed for any purpose whatsoever; (vii) that the contract and the association created thereby may be terminated by either party thereto at any time with notice given to the other. "Employment" shall not include the services of a media sales representative if it be proven that (A) substantially all of the compensation for the services performed by such media sales representative is directly related to sales or other productivity rather than to the number of hours worked; (B) the media sales representative must be incorporated under the laws of this state in order to be considered an independent contractor and shall be solely responsible for the payment of workers' compensation premiums; (C) the services performed by the media sales representative are performed pursuant to a written contract executed between such media sales representative and the person for whom the services are performed; and (D) the written contract provided for in subparagraph (C) of this paragraph was not executed under duress and contains the following provisions: (i) that the media sales representative is engaged as an independent contractor associated with the person for whom services are performed and shall be treated as such for all purposes, including but not limited to federal and state taxation, withholdings, and workers' compensation; (ii) that the media sales representative (A) shall be paid a commission, based on a fixed fee rate outlined in the written contract, if any, without deduction for taxes, which commission shall be directly related to sales pursuant to price guidelines or other productivity within the sales area; (B) shall not receive any compensation related to the number of hours worked; and (C) shall not be treated as an employee with respect to such services for federal and state tax purposes; (iii) that the media sales representative shall be permitted to work any hours he or she chooses subject to the restrictions in section three hundred ninety-nine-p of the general business law; (iv) that the media sales representative may work at any site other than on the premises of the person for whom services are performed; (v) that the person for whom the services are performed shall not be responsible for any reimbursement expenses other than those outlined in the written contract; (vi) that the person for whom the services are performed and the media sales representative shall comply with all articles of the labor law that apply to such work other than article eighteen of the labor law, but such compliance shall not affect the media sales representative's status as an independent contractor nor shall it be construed as an indication that the media sales representative is an employee of the person for whom the services are performed for any purpose whatsoever; and (vii) that the contract and the association created thereby may be terminated by the media sales representative thereto at any time with two weeks notice given to the person for whom the services are performed. For the purposes of this subdivision, "media sales representative" shall include any contractor engaged in the sale or renewal of magazine subscriptions or the sale or renewal of magazine advertising space who (i) receives no direction or control on the methods by which they perform services other than training on product characteristics, (ii) are solely in control of their work schedule, and (iii) may refuse any work assignment. 6. "Compensation" means the money allowance payable to an employee or to his dependents as provided for in this chapter, and includes funeral benefits provided therein. 7. "Injury" and "personal injury" mean only accidental injuries arising out of and in the course of employment and such disease or infection as may naturally and unavoidably result therefrom. The terms "injury" and "personal injury" shall not include an injury which is solely mental and is based on workrelated stress if such mental injury is a direct consequence of a lawful personnel decision involving a disciplinary action, work evaluation, job transfer, demotion, or termination taken in good faith by the employer. 8. "Death" when mentioned as a basis for the right to compensation means only death resulting from such injury. 9. "Wages" means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, including the reasonable value of board, rent, housing, lodging or similar advantage received from the employer, or in the case of (a) a civil defense volunteer, (b) a volunteer worker in a state department as provided in group sixteen of subdivision one of section three of this chapter, (c) a volunteer worker for a social services district as provided in group seventeen of subdivision one of section three of this chapter, (d) a county fire coordinator, a deputy county fire coordinator or a comparable county official to whom the provisions of group fifteen-a of subdivision one of section three of this chapter are applicable, who is also a volunteer firefighter or ambulance worker, (e) a fire district officer whether elective or appointive and whether or not he or she is compensated for his or her services or a paid fire or ambulance district employee, (f) a state fire instructor whose compensation is paid in whole or in part by the state, (g) an enrolled member of a fire company who, is not a volunteer firefighter, receives compensation for his or her services and is not a full-time firefighter, known as a "call firefighter", (h) persons who are performing services for a public or not-for-profit corporation, association, institution or agency organized as an unincorporated association or duly incorporated under the laws of this state in fulfillment of a sentence of probation or of conditional discharge, or persons performing such services pursuant to the provisions of section 170.55 or 170.56 of the criminal procedure law, (i) an auxiliary police officer in a municipal corporation which elected to include such persons within the definition of "employee" as authorized by subdivision four of this section, or (j) a duly appointed member of a regional hazardous materials incidents team recognized under section two hundred nine-y of the general municipal law, such money rate applying in his or her regular vocation or the amount of the regular earnings of such volunteer, coordinator, instructor, or comparable officer, fire or ambulance district officer or employee or call firefighter, or team member as the case may be, in his or her regular vocation, plus any amount earned as such a coordinator, instructor or comparable officer, or as such a fire or ambulance district officer or employee or call firefighter or team member, provided, however, that in no event shall the average weekly wage be fixed at less than thirty dollars regardless of whether or not such volunteer, coordinator, instructor or comparable officer or fire or ambulance district officer or employee or call firefighter or team member had gainful employment elsewhere at the time of the injury. The wages of a livery driver, as defined in article six-G of the executive law, shall be calculated in accordance with this paragraph. The chair shall promulgate regulations, in consultation with the independent livery driver benefit fund, and all local taxi and limousine commissions, as defined in article six-G of the executive law, establishing amounts that livery drivers are presumptively deemed to receive in annual wages, and may vary such presumptive wage by such geographic region or political subdivision of the state as the chair may set. Such regulations may establish other factors or criteria for determining the presumptive wage. The presumptive wage shall be set based on the chair's findings as to the amount earned by livery drivers, and their expenses. A livery driver or the livery driver's employer, including the independent livery driver benefit fund, may rebut the presumptive wage by competent evidence that the driver's actual wages for covered services, as defined in article six-G of the executive law, were different. The chair shall promulgate such other rules as are necessary to compute livery driver wages in accordance with this paragraph. 10. "State fund" means the state insurance fund provided for in article five of this chapter. 11. "Child" shall include a posthumous child, a child legally adopted prior to the injury of the employee; and a step-child or child born out of wedlock dependent upon the deceased. 12. "Insurance carrier" shall include the state fund, stock corporations, mutual corporations or reciprocal insurers with which employers have insured, and employers permitted to pay compensation directly under the provisions of subdivisions three, three-a or four of section fifty of this chapter. For purposes of this chapter, a nonprofit property/casualty insurance company which is licensed pursuant to subsection (b) of section six thousand seven hundred four of the insurance law shall be deemed a stock corporation and a nonprofit property/casualty insurance company which is licensed as a reciprocal insurer pursuant to subsection (c) of section six thousand seven hundred four of the insurance law shall be deemed a reciprocal insurer. 13. "Manufacture," "construction," "operation" and "installation" shall include "repair," "demolition," "fabrication" and "alteration" and shall include all work done in connection with the repair of plants, buildings, grounds and approaches of all places where any of the hazardous employments are being carried on, operated or conducted. 14. "Minor" means a person who has not attained the age of eighteen years. 15. "Occupational disease" means a disease resulting from the nature of employment and contracted therein. 16. "New York state average weekly wage" shall mean the average weekly wage of the state of New York for the previous calendar year as reported by the commissioner of labor to the superintendent of financial services on March thirty-first. 17. A "substantially owned affiliated entity" of any person means the parent company of the person, any subsidiary of the person, or any entity in which the parent of the person owns more than fifty percent of the voting stock, or an entity in which one or more of the top five shareholders of the person individually or collectively also owns a controlling share of the voting stock, or an entity which exhibits any other indicia of control over the person or over which the person exhibits control, regardless of whether or not the controlling party or parties have any identifiable or documented ownership interest. Such indicia shall include: power or responsibility over employment decisions; access to and/or use of the relevant entity's assets or equipment; power or responsibility over contracts of the person; responsibility for maintenance or submission of certified payroll records; and influence over the business decisions of the relevant entity. 19. A "claim for reimbursement" from the special disability fund means an application to the board under paragraph (f) of subdivision eight of section fifteen of this chapter for a determination that the special disability fund is liable in the first instance for any reimbursement to the insurance carrier, self-insured employer or state insurance fund. 20. A "request for reimbursement" from the special disability fund means an application to the special disability fund for reimbursement for specific costs, subsequent to a determination by the board that the special disability fund is liable to provide reimbursement on the claim. 21. The "workers' compensation rating board" or the "New York workers' compensation rating board" shall mean the compensation insurance rating board until February first, two thousand eight, and thereafter the superintendent of financial services or other entity designated by the superintendent of financial services for collection and analysis of data or such other purposes as set forth in this chapter. 22. "Cost of compensation" means the amount that an employer must pay to secure compensation as calculated in accordance with regulation of the board or, in the absence of such regulation, based on average market rates for a comparable employer. 23. "Special disability fund advisory committee" shall mean an advisory committee to the workers' compensation board, acting by a majority thereof, solely with respect to the special fund entitled the special disability fund, composed of the director of the budget, the commissioner of labor, the commissioner of taxation and finance, the chair of the workers' compensation board, and the superintendent of financial services. 24. "Employees of licensed trainers or owners" means assistant trainers, foremen, watchmen and stable employees, including grooms and hot-walkers, employed by a trainer or owner licensed pursuant to article two or four of the racing, pari-mutuel wagering and breeding law. --- ## WKC § 3 — Application {#3} *N.Y. Workers' Comp. Law § 3* Official source: _NYS Open Legislation, revision of 2020-01-10._ § 3. Application. 1. Hazardous employments. Compensation shall be payable for injuries or death incurred by employees in the following employments: Group 1. Canning of: Fish Foodstuffs Fruit Vegetables Group 2. Care of: Buildings Grounds Trees Group 3. Construction of: Bridges Buildings Car shops Conduits Curbs Dams Dynamos Electric light and power lines or appliances Electric railways Highways Incline railways Machine shops Manufacturing plants Power plants Railways Sewers Sidewalks Steam plants Steam railways Steel bridges and buildings Street railways Structures of all kinds Subaqueous works Subways Telegraph lines Telephone lines Group 4. Installation of: Boilers Dynamos Electric light and power lines or appliances Elevators Engines, stationary Fire escapes Heating apparatus Lighting apparatus Machinery, heavy Pipes Telephones Group 5. Laying of: Cables Floor coverings Pipes Tiles Wires Group 6. Manufacture of: Acids Adding machines Aeroplanes Agricultural implements Aircraft Alcohol Ammonia Ammunition Anchors Artificial ice or stone Asbestos Asphalt Asphalted paper Automobiles Baby carriages, toy Bags, cloth and paper Barrels Baskets Beds Bedsprings Belting Bicycles Biscuits Blacking or polish for shoes Blankets Boats, small Boilers Bolts Bone articles Boots Boxes Brick Brooms Brushes Butter Buttons Cables Calcium carbide Cameras and supplies Candles Candy Canoes Canvas Caps Cardboard boxes Carpets Carpet sweepers Carriage mountings Carriages Cash registers Castings Cattle foods Celluloid Cement Cereals Charcoal Cheese Cheese boxes Chemical preparations, noncorosive Chemicals Cigarettes Cigars Cloth Clothing Coffins Collars Color Concrete blocks Condiments Confectionery Cordage Corrosive acids or salts Corrugated paper boxes Corsets Crackers Cutlery Dairy products Door screens Doors Drugs Dyes Electric fixtures Elevators Engines, heavy and traction Excelsior Explosives Extracts Fabrics Fabrics, articles from Felt Fertilizers Fibre Films for pictures Firearms Fire-proofing Fixtures, water, gas or electric Foodstuffs Forgings Furnaces Furniture Furs Gas fixtures Gases Gasoline Gelatine Glass Glass products and wares Gloves Glue Gold ware Gun powder Hardware Harness Hats Headings Hemp or manila products Hose, rubber Hosiery Ice, artificial Ice cream Ink Implements, agricultural Instruments Interior woodwork Iron, structural Ivory articles Japans Jewelry Kegs Leather goods and products Light machines Liquors Locomotives Machinery Machines, adding, light and threshing Malt liquors Manila or hemp products Maltesses Mattresses Meat products Meats Medicines Men's clothing Metal articles, beds, instruments, toys, utensils and wares Metal products, sheet Metal, structural Milk products Mineral water Motor vehicles Mouldings Moving picture films and machines Nails Oil Organs Paint Paper Paper boxes Paper, tarred, pitched or asphalted Paste Paving blocks and material Perfumes Petroleum and products thereof Pharmaceutical preparations Photographic cameras and supplies Pianos Pipes Pitched paper Plaster, compounds of Plated ware Polish for shoes Porcelain Pottery Printers' rollers Printing ink Pyroxylin and its compounds and plastics Rails Rattan ware Registers, cash Robes Ropes Rubber goods Saddlery Safes Salts, or acids, corrosive Sanitary fixtures Screens, window and door Screws Shades, window Shafting Sheet metal and products thereof Shell articles Shirts Shoddy Shoe blacking or polish Shoes Silver ware Sleighs Soaps Socks Soda water Spices Spirituous, liquors Spokes Stationery Staves Steel, structural Stockings Stone, artificial Stoves Structural steel, iron or metal Sweepers, carpet Tar Tarred paper Terra-cotta Textiles Textiles, articles from Thread Threshing machines Tile Tires, rubber Tobacco and products thereof Toilet preparations Tools Toys, metal and wooden Traction engines Trunks Tubing, metal and rubber Tubs Turpentine Typewriters Umbrellas Utensils Valises Varnish Vats Vehicles Veneer Wagons Wallpaper Water fixtures Waters, mineral or soda Wax White ware Wicker ware Window screens and shades Wine Wire and wire goods Women's clothing Wooden articles Woodwork, interior Yarn Group 7. Operation of: Aeroplanes Air craft Baling machines Barges Boats Boilers, stationary Cables, telegraph Car shops Cars Dynamos Electric light and power lines or appliances Electric railways Electric vehicles, rollers and engines Elevators, freight, passenger and grain Engines, stationary and traction Gas vehicles, rollers and engines Gas wells Gasoline vehicles, rollers and engines Grain elevators Hand trucks Horse drawn vehicles, rollers and engines Incline railways Lighters Machine shops Oil wells Plants, power and other Pressing machines Railways Rollers Ships Stationary engines and boilers Steam plants Steam railways Street railways Telegraph lines Telephone lines Threshing machines Traction engines Transports Trucks Tug boats Vehicles Vessels Wagons Waterworks Group 8. Preparation of: Fish Foodstuffs Fruit Gelatine Meat stuffs Meats Metals Minerals Paste Vegetables Wax Group 9. Removal of: Ashes Awnings Garbage Snow Group 10. Sinking of: Drilled wells Gas wells Oil wells Salt wells Group 11. Storage or handling of: Ammunition Cargoes Corrosive acids or salts Chemicals Explosives Gasoline Gun powder Ice Petroleum Group 12. Work as: Barbers Blacksmiths Carpenters Chauffeurs Domestic workers, other than those employed on farms, employed by the same employer for a minimum of forty hours per week Drivers Furriers Garbage sorters Horseshoers Janitors Jockeys, apprentice jockeys and exercise persons licensed under article two or four of the racing, pari-mutuel wagering and breeding law Life guards Longshoremen Marble workers Masons Movers Sheet metal workers Teamsters Theatrical electricians, flymen, lamp operators, moving picture machiners, property men, stage carpenters and stage hands Group 13. Work at: Awning erection Blasting Bleaching Boiler covering Bookbinding Booming timber or logs Bottling Bricklaying Building, care, maintenance and salvage Cable laying or repair, underground Canning Carpentry Clam cultivating, harvesting, Opening or planting Cleaning clothes, streets, windows, or buildings Concreting Cork cutting Decorating Disinfecting Dredging Dyeing Electrotyping Embossing Engraving Excavation Glazing Grave digging Heating Ice distribution, harvesting or storage Landscape gardening Lighting Lithographing Logging Lumbering Marble cutting Marine wrecking Milling Mining Multigraphing Oyster cultivation, planting, harvesting or opening Ore reduction Painting Papering Paving Photo-engraving Picture hanging Pile driving Pipe covering Plastering Plumbing Printing Rafting Renovating River-driving Road building Roofing Salvaging of buildings or contents Sea food cultivation, harvesting or planting Shaft sinking Ship building Smelting Stereotyping Stone crushing, cutting, dressing, grinding or setting Storage of all kinds and storage for hire Street cleaning or construction Structural carpentry Subaquesous construction Subway construction Tree moving, planting, trimming and surgery Tunneling Undertaking Upholstering Warehousing Well digging or drilling Window cleaning Wrecking, marine Group 14. Work in Abattoirs Bakeries Bark mills Boarding stables Breweries Caissons Clay pits Coal yards Compressed air compartments Dining cars Distilleries Express cars Fish markets Flax mills Foundries Garages Garbage plants Gravel pits Groceries, wholesale Hotels Junk dealers' places Knitting factories Laboratories Lath mills Laundries Life-saving stations Lime kilns Livery stables Lumber yards Machine shops Markets, fish, meat, poultry Meat markets Packing houses Paper mills Parlor cars Pickle factories Planing mills Poultry markets Printing plants Pulp mills Quarries Restaurants and Grills Rolling mills Sales stables Sand pits Sash and door factories Saw mills Sewage disposal plants Shale pits Shingle mills Sleeping cars Spinning manufactories Stables, livery, boarding or sales Storage warehouses Sugar refineries Tanneries Weaving manufactories Wholesale groceries Group 14-a. On and after January first, nineteen hundred sixty-two, any other employment in a trade, business, or occupation carried on by the employer for pecuniary gain in which one or more employees are employed. Group 14-b. Employment as a farm laborer as provided herein. A farmer shall provide coverage under this chapter for all farm laborers. Group 15. Employment as a keeper, guard, resident physician, nurse, interne, resident interne, assistant resident interne or orderly in a prison reformatory, hospital for the mentally ill or hospital maintained or operated by a municipal corporation or other subdivision of the state, notwithstanding the definitions of the terms "employment," "employer" or "employee" in subdivisions three, four and five of section two of this chapter. Group 15-a. Employment as a county fire coordinator or as a deputy county fire coordinator pursuant to section two hundred twenty-five-a or section four hundred one of the county law, notwithstanding the definitions of the terms "employer", "employee" or "employment" in subdivisions three, four and five of section two of this chapter. The terms "county fire coordinator" and "deputy county fire coordinator," as used in this group, shall include any county official who is not appointed pursuant to the provisions of section two hundred twenty-five-a of the county law, but is appointed pursuant to the provisions of a special law, a county charter or a county local law and who is authorized or required to perform in the county the duties which are similar to those of a county fire coordinator or deputy county fire coordinator under such section of the county law and sections eight hundred seven-a and eight hundred seven-b of the education law. Group 16. Any employment by the state, including the employment of all elected and appointed public officers, notwithstanding the definitions of the terms "employment," "employer" or "employee," in subdivisions three, four and five of section two of this chapter; but work as a civil defense volunteer under the provisions of the state defense emergency act shall not be deemed employment by the state. An employee engaged in any employment herein whose wages are paid by a municipal corporation or other subdivision of the state or by an employer other than the state shall be deemed an employee of such municipal corporation or other political subdivision of the state or such employer other than the state for the purposes of this chapter. The head of any department of the state government may, with the prior written approval of the director of the budget, accept or approve the acceptance by any bureau, agency or other unit within said department of the services of a volunteer worker without salary, and such a volunteer worker shall be deemed to be an employee in the employment of the state in the unclassified service for the purpose of this chapter. Group 17. Any employment carried on by a municipal corporation or other subdivision of the state and enumerated in the foregoing groups one to fourteen, inclusive, and on and after July first, nineteen hundred fifty-one, other such employment to the extent of authorized services related to civil defense and performed by employees in the course of employment or in relation thereto; and the sheriff and undersheriff of any county and the duly appointed regular deputies of the sheriff, notwithstanding the definition of the term "employment" in subdivision five of section two of this chapter; but employment in the department of sanitation of the city of New York in the sanitation service classification of the classified civil service of such city shall not be within the coverage of this chapter. The activities of civil defense volunteers who are auxiliary firefighters and members of rescue squads in authorized services while undergoing training or practice sponsored or authorized by a local office of civil defense, as defined in the state defense emergency act, and on and after July first, nineteen hundred fifty-three, the activities of all civil defense volunteers who are personnel of such local office of civil defense in authorized services during authorized participation in training and practice exercises held at the direction of or designated as state training and practice exercises by the state civil defense commission pursuant to the provisions of section twenty-one, subdivision three-f of the state defense emergency act, are hazardous employments carried on by the municipal corporation or other subdivision of the state that created the local office under the state defense emergency act and such members of an auxiliary police organization located in a municipal corporation which elected to include such persons within the definition of "employee" as authorized by subdivision four of section two of this chapter shall be deemed employees of the municipal corporation authorizing their services, and such members of rescue squads, auxiliary firefighters, and civil defense volunteers shall be deemed employees of the municipal corporation or other subdivision of the state for purposes of this chapter, provided, however, that each such municipal corporation or other subdivision of the state or insurance carrier shall in the first instance pay all awards of workers' compensation, including medical benefits, provided by this chapter; and such municipal corporation or other subdivision of the state or insurance carrier shall be reimbursed by the comptroller of the state of New York, periodically every six months, on vouchers certified by the state civil defense commission, for one-half of all workers' compensation benefits, including both cash and medical benefits, paid pursuant to awards of the board, to the extent not previously reimbursed, paid for injury or death of a civil defense volunteer caused by an accident that arose out of and in the course of any such training and practice exercise, held on and after July first, nineteen hundred fifty-three, at the direction of or designated as a state training and practice exercise by the state civil defense commission pursuant to the provisions of section twenty-one, subdivision three-f of the state defense emergency act. A town shall not be deemed to be the employer of the officers and employees of a fire district and shall not be liable for payment of compensation to such officers or employees under any provision of this chapter. A social services official, as defined in subdivision fourteen of section two of the social services law, may accept or approve the services of volunteer workers without salary, in accordance with the regulations of the state department of social services, and such a voluntary worker shall be deemed to be an employee of the social services district in the unclassified service for the purpose of this chapter. Group 18. All other employments, except persons engaged in a teaching or nonmanual capacity in or for a religious, charitable or educational institution, notwithstanding the definition of employment in subdivision five of section two, not hereinbefore enumerated, carried on by any person, firm or corporation in which there are engaged or employed one or more employees regularly, in the same business or in or about the same establishment either upon the premises or at the plant or away from the plant of the employer, under any contract of hire, express or implied, oral or written, except farm laborers and domestics other than those within the coverage of this chapter pursuant to groups fourteen-b and twelve respectively of this subdivision, unless the employer has elected to bring such employees under the law by securing compensation in accordance with the terms of section fifty of this chapter and persons engaged in voluntary service not under contract of hire. A duly ordained, commissioned or licensed minister, priest or rabbi, a sexton, a christian science reader, or a member of a religious order, shall not be deemed to be employed or engaged in employment under the terms of this section. Recipients of charitable aid from a religious or charitable institution who perform work in or for the institution which is incidental to or in return for the aid conferred, and not under any express contract of hire, shall not be deemed to be employed or engaged in employment under the terms of this section. All persons who are members of a supervised amateur athletic activity operated on a non-profit basis shall not be deemed to be employed or engaged in employment under the terms of this section, provided that said members are not also otherwise engaged or employed by any person, firm or corporation participating in said athletic activity. The terms "religious, charitable or educational institution" mean a corporation, unincorporated association, community chest, fund or foundation organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inure to the benefit of any private shareholder or individual. Group 19. An employer may bring an employment that is not listed in this section within the coverage of this chapter by securing compensation to his employee or employees engaged in such employment in accordance with section fifty of this chapter. Any municipal corporation or other political subdivision of the state may bring its employees or officers, elective or appointed or otherwise, not enumerated in groups one to seventeen of subdivision one of this section inclusive, of this chapter within the coverage of this chapter by appropriate action of the legislative or governmental body of the municipal corporation or political subdivision, notwithstanding the definitions of the terms "employment," "employer" or "employee" in subdivisions three, four and five of section two of this chapter; and by separate and distinct action of said legislative or governmental body may bring within the coverage of this chapter any group, as defined by order of the New York state civil defense commission, of civil defense volunteers not enumerated in group seventeen of subdivision one of this section, who are personnel of a volunteer agency of the local office of such municipal corporation or other political subdivision, as defined in the state defense emergency act, as to their authorized civil defense services to the extent not covered under article ten of this chapter. Where one or more groups of such civil defense volunteers of a county office of civil defense are not brought within the coverage of this chapter by the county, a town or a village in such county or a city participating in the consolidated county office of civil defense of such county may, by separate and distinct action of its legislative or governmental body, bring the members of such group or groups of duly enrolled civil defense volunteers who are residents of and are enrolled from such town, village or city within the coverage of this chapter during any period when the county has not so provided; however, whenever a county brings one or more groups of its civil defense volunteers within the coverage of this chapter, such other coverage of members of such group or groups by the town, village or city shall be deemed terminated to the extent and as of the date coverage is afforded by the county. A village may not provide such coverage during any period coverage is provided by a town in which the village is located, except where there is a deputy director of civil defense for a village not wholly within one town. A public or not-for-profit corporation, association, institution or agency organized as an unincorporated association or duly incorporated under the laws of this state shall be deemed to be an employer of persons who are performing services for it pursuant to paragraphs (h) and (i) of subdivision two of section 65.10 of the penal law in fulfillment of a sentence of probation or of conditional discharge and of persons performing such services pursuant to the provisions of section 170.55 or 170.56 of the criminal procedure law, and such persons shall for the purposes of this chapter be deemed to be employees for the public or not-for-profit corporation, association, institution or agency. Said employer may elect to bring such employees within the coverage of this chapter by securing compensation in accordance with the terms of section fifty of this chapter. Group 20. In a city having a population of one million or more, teachers, regular or substitute, of shop work, manual training, industrial or trade subjects, mechanic arts, textiles, machine shop assistants, laboratory assistants, laboratory specialists, laboratory technicians, and teachers of any subject, trade, or employment requiring, for instruction purposes, use of tools or machinery for which protective, guarding or safety devices are required by the labor law, may elect to receive the benefits prescribed by this chapter provided they are not qualified to receive benefits even if eligible to apply for retirement under the teachers' retirement system in said city. An election to come within this chapter shall constitute a waiver of any right to receive absence refunds from the board of education of said city. But a teacher shall, if incapacitated to teach by reason of his injuries, be entitled to the refund of his accumulated deductions in the teachers' retirement system or in lieu thereof he may elect to receive an annuity which shall be the actuarial equivalent of said accumulated deductions. Any election or choice provided for herein may be made for the teacher by one acting in the teacher's behalf if said teacher is incapacitated to act for himself. Group 20-a. For the purposes of this chapter, the work of any person employed as a school aide by school authorities of any school district, notwithstanding the definitions of the terms "employer," "employee" or "employment" in subdivisions three, four and five of section two of this chapter. Group 20-b. For the purposes of this chapter, the work of any person employed in a nonpedagogical capacity by school authorities within a city having a population of one million or more, notwithstanding the definitions of the terms "employer", "employee" or "employment" in subdivisions three, four and five of section two of this chapter. Group 21. For the purposes of this chapter, on and after January first, nineteen hundred sixty-two, the work of a newspaper carrier as defined in section thirty-two hundred twenty-eight of the education law for an employer of one or more employees as defined in subdivisions three and four of section two of this chapter. Group 22. Employment as a teacher in a public school or place of instruction maintained or operated by a board of education or trustees of a school district, other than a school district located in a city having a population of more than one million, notwithstanding the definitions of the terms "employment," "employer" or "employee" in subdivisions three, four and five of section two of this chapter. Group 23. For the purposes of this chapter, the work of any person employed to direct vehicular traffic at any street crossing or highway intersection crossed by pupils in going to and returning from any school in this state, whose chief duty primarily is to guard the life and safety of such pupils. Group 24. For the purposes of this chapter, employment of any person appointed by the board of water supply of the city of New York pursuant to the provisions of section K51-36.0 of the administrative code of the city of New York, notwithstanding the definitions of the terms "employment", "employer", or "employee", in subdivisions three, four and five of section two of this chapter. 2. Occupational diseases. Compensation shall be payable for disabilities sustained or death incurred by an employee resulting from the following occupational diseases: COLUMN ONE COLUMN TWO Description of Diseases Description of Process 1. Anthrax. 1. Handling of wool, hair, bristles, hides or skins. 2. Lead poisoning or its 2. Any process involving the sequelae. use of or direct contact with lead or its prepar- ations or compounds. 3. Zinc poisoning or its 3. Any process involving the sequelae. use of or direct contact with zinc or its prepar- ations or compounds or alloys. 4. Mercury poisoning or 4. Any process involving the its sequelae. use of or direct contact with mercury or its preparations or compounds. 5. Phosphorus poisoning or 5. Any process involving the its sequelae. use of or direct contact with phosphorous or its preparations or compounds. 6. Arsenic poisoning or 6. Any process involving the use its sequelae. of or direct contact with arsenic or its preparations or compounds. 7. Poisoning by wood 7. Any process involving the use alcohol. of wood alcohol or any preparation containing wood alcohol. 8. Poisoning by benzol or 8. Any process involving the use nitro-, hydro-, of or direct contact with hydroxy- and amido- benzol or nitro-, hydro-, derivatives of benzene hydroxy-, or amido- (dinitro-benzol, anilin, derivatives of benzene or and others), or its its preparations or compounds. sequelae. 9. Poisoning by carbon 9. Any process involving bisulphide or its the use of or direct contact sequelae, or any with carbon bisulphide or sulphide. its preparations or com- pounds, or any sulphide. 10. Poisoning by nitrous 10. Any process in which fumes or its sequelae. nitrous fumes are evolved. 11. Poisoning by nickel 11. Any process in which nickel carbonyl or its carbonyl is evolved. sequelae. 12. Dope poisoning 12. Any process involving the (poisoning by use of or direct contact tetrachlor-methane or with any substance used any substance used as as or in conjunction with or in conjunction with a solvent for acetate of a solvent for acetate cellulose or nitro of cellulose or nitro cellulose. cellulose, or its sequelae. 13. Poisoning by 13. Any process involving the formaldehyde and its use of or direct contact preparations. with formaldehyde and its preparations. 14. Chrome ulceration 14. Any process involving the or its sequelae or use of or direct contact chrome poisoning. with chromic acid or bychromate of ammonium, potassium or sodium, or their preparations. 15. Epitheliomatous cancer 15. Handling or use of tar, or ulceration of the pitch, bitumen, mineral skin or of the corneal oil, or paraffin or any surface of the eye, compound, product or due to tar, pitch, residue of any of these bitumen, mineral oil, substances. or paraffin, or any compound, product or residue of any of these substances. 16. Glanders. 16. Care or handling of any equine animal or the carcass of any such animal. 17. Compressed air 17. Any process carried on illness or its in compressed air. sequelae. 18. Miners' diseases, 18. Any process involving including only mining. cellulitis, bursitis, ankylostomiasis, tenosynovitis and nystagmus. 19. Cataract in 19. Processes in the manufacture glassworkers. of glass involving exposure to the glare of molten glass. 20. Radium poisoning or 20. Any process involving the disability due to use of or direct contact radio-active pro- with radium or radio-active perties of sub- substance or the use of or stances or to direct exposure to Roentgen Roentgen rays rays (X-rays) or ionizing (X-rays) or exposure radiation. to ionizing radiation. 21. Methyl chloride 21. Any process involving the poisoning. use of or direct contact with methyl chloride or its preparations or compounds. 22. Carbon monoxide 22. Any process involving direct poisoning. exposure to carbon monoxide in buildings, sheds or enclosed places. 23. Poisoning by sulphuric, 23. Any process involving the use hydro-chloric or of or direct contact with hydro-fluoric acid. sulphuric, hydrochloric or hydrofluoric acids or their fumes. 24. Respiratory, 24. Any process involving the gastro-intestinal use of or direct contact or physiological with petroleum or petroleum nerve and eye dis- products and their fumes. orders due to con- tact with petroleum products and their fumes. 25. Disability arising 25. Any process involving from blisters or continuous friction, abrasions. rubbing or vibration causing blisters or abrasions. 26. Disability arising 26. Any process involving from bursitis or continuous rubbing, pre- synovitis. sure or vibration of the parts affected. 27. Dermatitis 27. Any process involving the (venenata). use of or direct contact with acids, alkalies, acids or oil, or with brick, cement, lime, concrete or mortar capable of causing dermatitis (venenata). 28. Byssinosis. 28. Any process involving exposure to raw cotton. 29. Silicosis or other 29. Any process involving ex- dust diseases. posure to silica or other harmful dust. 30. Any and all 30. Any and all employments occupational diseases. enumerated in subdivision one of section three of this chapter. Nothing in paragraph thirty of this subdivision shall be construed to apply to any disability or death due to any disease described in paragraph twenty-nine of this subdivision. --- ## WKC § 4 — Special applicability; domestic partners; surviving domestic partners; death benefits; funeral expenses; terrorist attacks of September e... {#4} *N.Y. Workers' Comp. Law § 4* Official source: _NYS Open Legislation, revision of 2014-09-22._ § 4. Special applicability; domestic partners; surviving domestic partners; death benefits; funeral expenses; terrorist attacks of September eleventh, two thousand one; construction. 1. Definition. "Domestic partner" means a person at least eighteen years of age who: (a) is dependent upon the employee for support as shown by either unilateral dependence or mutual interdependence, as evidenced by a nexus of factors including, but not limited to, common ownership of real or personal property, common householding, children in common, signs of intent to marry, shared budgeting, and the length of the personal relationship with the employee or, if the employee is deceased, was so dependent upon the employee immediately prior to the employee's death; or (b) has registered as the domestic partner of the employee with any registry of domestic partnerships maintained by the employer of either party, the state, or any county, city, town, or village, or, if the employee is deceased, did so register prior to the employee's death. (c) For the purposes of this section, the definition of domestic partner made by this subdivision shall supplement or supersede any inconsistent definition of such term by any other general, special, or local law, ordinance, code, or charter so that no person qualifying as a domestic partner, as defined in this subdivision, whether registered or unregistered, shall, for the purposes of this section, be deemed not to be a domestic partner. (d) For the purposes of this section, the term "domestic partner" shall include the term "surviving domestic partner". Provided however, "domestic partner" shall not include any person who is related by blood to the employee in a manner that would bar marriage to the employee in New York state. 2. Death benefits. The domestic partner, at the time of the death, of any employee shall, if such employee had no spouse at the time of his or her death, be deemed to be the surviving spouse of such employee for the purposes of any death benefit, including but not limited to funeral expenses, to which a surviving spouse would be entitled upon the death of such employee, and any and all such benefits shall be paid to such domestic partner. 3. Applicability. The provisions of this section apply only to cases in which the employee's death occurred as a result of the terrorist attacks that occurred on September eleven, two thousand one. 4. Construction. (a) The definition of the term "domestic partner" made by subdivision one of this section shall not be construed to be an exclusive definition. (b) The enactment of this section shall not be construed to divest any court of any authority such court may otherwise have to adjudicate a person a domestic partner on the basis of any criteria other than those specified in subdivision one of this section, whether such person has or has not registered as a domestic partner.