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

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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: 2 months ago.Category: Legal
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12/19/2017
Lawyer: Loren, Attorney replied 2 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 36,372
Experience: 30 years experience representing clients.
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Lawyer: Loren, Attorney replied 2 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.

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Lawyer: Loren, Attorney replied 2 months ago

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

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Customer reply replied 2 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 2 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.

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Customer reply replied 2 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 2 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.

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