Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I live in New York City and have a question about my

Customer Question
homeowners insurance policy (I own...
I live in New York City and have a question about my homeowners insurance policy (I own a one bedroom co-op). I need to know if my policy provides workman's compensation coverage if a part time maid gets injured in my apartment. This is a very technical question and neither my insurance company nor the NY Workman's Compensation Board can tell me if I am covered. Is there an attorney available who know this subject before I get into specifics?
Submitted: 7 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
12/19/2017
Lawyer: Loren, Attorney replied 7 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,211
Experience: 30 years experience representing clients.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Legal Question
Lawyer: Loren, Attorney replied 7 months ago

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Homeowners coverage may cover an injured domestic worker IF the worker is NOT required to be covered under your States Workers Compensation regulations. Homeowners policies EXCLUDE coverage for "residence employees" (say domestic worker) IF they are required to be covered under Workers Compensation.

Unfortunately, per the NY Workers' Compensation law, domestic workers, or private household workers, employed 40 or more hours/week by the same employer (including live-in help) are required to be covered by a New York State workers' compensation insurance policy.

So, in all likelihood, it would exclude coverage under your homeowner's policy, but check your policy terms to confirm the exclusion.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Legal Question
Lawyer: Loren, Attorney replied 7 months ago

Did you have further questions? Have I answered your question? Please let me know.

Ask Your Own Legal Question
Customer reply replied 7 months ago
I am already aware of what you wrote. My policy states I am covered unless workers comp is not required. However, NYS workers comp board is very ambiguous about this. It does state that part time workers do not require workers comp. Based on this alone, I would not be covered as you state. And this is what concerns me. However, I have spoken with three insurance companies. All have told me that NYS "requires" that homeowners policies cover part time workers with workers comp -- "NY mandatory workers compensation coverage -- part time residence employees". The insurance companies told me that NY insurance law requires that insurance companies provide workers comp for injury to part time workers. If I don't have coverage, than what is the meaning of this requirement? The insurance companies all insist I am covered.To further complicate matters, NYS department of financial services office of general council has opinion from 2003 saying that you can have workman's comp in a homeowners policy but only if you elect it. But this contradicts the insurance companies which say this coverage is automatic and in fact mandated by the state. Moreover, there is something about homeowners policies on workman compensation board's web site that states that a homeowners policy can indeed have workman's comp coverage although wording is ambiguous.I can't find anything online about this mandatory NYS coverage in homeowner's policies, but I don't think that three separate major insurance companies would be wrong about this.by NYS?
Lawyer: Loren, Attorney replied 7 months ago

As I wrote in my answer, NY law only requires WC coverage for domestics employed 40 hrs or more. So, if your maid works less than full time your homeowner's will cover her.

Ask Your Own Legal Question
Customer reply replied 7 months ago
My policy states: "as stated in NY Insurance Law section 3420, coverage does not apply to an employee who is not required under NY worker's compensation law to be covered." This implies that I am not covered.
Lawyer: Loren, Attorney replied 7 months ago

The specific terms of your policy apply. It would appear that your policy, then, would not cover her. You would need to purchase the additional coverage.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,211
39,211 Satisfied Customers
Experience: 30 years experience representing clients.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
My mother in law, age 90, has inoperable lung cancer. She
My mother in law, age 90, has inoperable lung cancer. She can no longer walk and needs 24 hour a day care. She is also neither senile or demented and wants to stay in her own home, which is a co-op in… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
I have a HDFC Co-op in Harlem I had 2 electrical Fires in my
I have a HDFC Co-op in Harlem I had 2 electrical Fires in my apartment, but I did not have insurance and now the Mgmt. Co. Is refusing to fix up my apartment what should I do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Law Educator I am going to hire licensed contractor to trim
Hi Law EducatorI am going to hire licensed contractor to trim my trees. He doesn't carry workman compensation insurance. If the contractor's employee injure, can the worker sue the home owner? Who hel… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Question about HOME OWNERS insurance. Most of the insurance
This is ANOTHER question about HOME OWNERS insurance. Most of the insurance companies have similar policies with little differences so this is a generalized question…not company specific. Here we are … read more
Loren
Loren
Attorney
39,211 satisfied customers
I paid Super to do some painting in my co-op apartment on
I paid for the Super to do some painting in my co-op apartment on Staten Island. I am getting a response from the Super, and no denial of this policy from Management - that he "cannot come to my apart… read more
Alex J. Esq.
Alex J. Esq.
Managing Attorney
Doctoral Degree
2 satisfied customers
Is it legal to hire anyone to do work, including house-cleaning
Is it legal to hire anyone to do work, including house-cleaning and landscaping, at your personal residence if they are not licensed, insured and with workman's comp? I.e. if without these and an inci… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
a person with alzeimer flooded the co-op apartment downstairs
a person with alzeimer flooded the co-op apartment downstairs by letting the bathtab to overflow. This person carries no insurance except just a general co-op insurance. If hte downstairs co-op appart… read more
Alex J. Esq.
Alex J. Esq.
Managing Attorney
Doctoral Degree
2 satisfied customers
I have lived in the same apt since 1973. The building went
I have lived in the same apt since 1973. The building went coop, approx 1982. I had the same neighbors upstairs during all of this time until about a year ago. My new neighbors make noise late at nigh… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I live in NY and I am already pregnant.My existing insurance
I live in NY and I am already pregnant.My existing insurance which does not cover maternal expenses is from Washington and I do not have an option to change my policy as I am outside of network. I def… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
I have a signed contract to sell my coop however, the buyers
I have a signed contract to sell my coop however, the buyers bank will not approve a mortgage loan due to the fact that the building has only 2mil in insurance. They require the building have at least… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I was a passenger in a car accident 2 years ago.I tore tissue
I was a passenger in a car accident 2 years ago.I tore tissue in my neck,back and had a few herniated discs. I was in a company car on the job, The driver in my car was at fault so workmans comp paid … read more
Anne_C
Anne_C
Attorney
Doctoral Degree
14 satisfied customers
A representative of my homeowners insurance ccompany said that
A representative of my homeowners insurance ccompany said that my liability coverage does not cover my liability for nonlicensed workers in my home. Is that legal under a standard form homeowners poli… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Is there a law regarding post operation doctor visits. I have
Is there a law regarding post operation doctor visits.? I have never had to pay a copay for post op visits for 3 month post op. Is there something in writing that I can show my medical group. I had ca… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,459 satisfied customers
Cash was taken ($740) from a lock box in our house. The ...
Cash was taken ($740) from a lock box in our house. The key was left in the keyhole on the top of the box. We had recently hired Molly Maids to clean our house and suspect that one of the cleaners too… read more
Medicine&amp;Law
Medicine&Law
Nurse Practitioner
1,896 satisfied customers
My wife works at a company where a sign was put up by the ...
My wife works at a company where a sign was put up by the New York State Workman''s compensation board that said "stop work" (It was a red sign." What should she do?… read more
David Coleman
David Coleman
Solicitor
Bachelor\u0027s Degree
97 satisfied customers
if 1 of my children gets in accident with my car and is not ...
if 1 of my children gets in accident with my car and is not insured on my policy will the insurance co. still cover me? would she have to be a resident in my home or out of my home for the vehicle to … read more
Terri
Terri
Clinical Psychologist
Master Degree
628 satisfied customers
I HAVE OWNED A CO-OP IN NEW YORK FOR THE PAST 7YRS, LAST ...
I HAVE OWNED A CO-OP IN NEW YORK FOR THE PAST 7YRS, LAST DEC. MY HUSBAND AND I PUT THE CO-OP UP FOR SALE AND RELOCATED TO TEXAS. JUST ABOUT A YEAR LATER THE CO-OP IS STILL NOT SOLD, DO TO THE CONSTANT… read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
My girlfriend rents an apartment in a building that is a ...
My girlfriend rents an apartment in a building that is a co-op.The co-op board has specific rules regarding size of any dogs the tenants have. Is she subject to the conditions in her lease or the rule… read more
Jane T(LLC)
Jane T(LLC)
Master's Degree
18 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x