I was trying to write a BOP for a non-profit group. Both of the insurers I used for the quotes said they need workman's comp. However the board of directors for this little non profit said they are exempt from purchasing it in NY because they are so small and these workers are part time only. Does anyone know anything about this?
Workman's Comp & Non-Profits in NY
- Thread starter Heather
- Start date
My first call would be to the state fund
I would not call the NYSIF with a question of that nature. I would call the NYCIRB.
Or check here:
http://www.wcb.ny.gov/content/main/Employers/EmployerHandbook.pdf
It would depend on what the NFP is doing.
Either way here is your answer:
Other than the exceptions listed below
Nonprofit Organizations, individuals working for a
nonprofit organization are considered employees under the WCL in the same manner as those working for a for profit business.
Individuals that volunteer their services for not
-
for
-
profits are generally not eligible for
workers' compensation benefits. Accordingly, a not
-
for
-
profit entity that is not compensating
individuals for their services is not required to obtain a workers' compensation insurance
policy. Please note that compensation includes stipends, room and board, and other "perks"
that have monetary value.
Money
used solely to offset expenses incurred while performing
activities for the nonprofit are not counted as stipends
.
Under WCL §2 [4] and
WCL §3 Group 18
-
profits that are compensating individuals
for their services are required to obtain a workers' compensation insurance policy with the
following
exceptions:
Paid clergy and members of religious orders are exempt from mandatory coverage
(but can be covered voluntarily). To be exempt the clergy and members of religious
orders must be performing only religious duties.
Members of supervised amateur athletic activities operated on a nonprofit basis, provided that such members are not otherwise engaged or employed by any person, firm, or corporation participating in such athletic activity.
Paid individuals engaged in a teaching capacity in or for a religious, charitable or educational institution (Section 501(c)(3) under the IRS tax code) are also exempt from mandatory coverage (but can also be covered voluntarily). To be exempt, the teachers must only be performing teaching duties.
Paid individuals engaged in a non
manual capacity in or for a religious, charitable or
educational institution (Section 501(c)(3) under the IRS tax code) are also exempt
from mandatory coverage (but can also be covered voluntarily). [Manual labor
includes but is not limited
to such tasks as filing; carrying materials such as
pamphlets, binders, or books; cleaning such as dusting or vacuuming; playing musical
instruments; moving furniture; shoveling snow; mowing lawns; and construction of
any sort.]
Persons receiving charitable aid from a religious or charitable institution (Section
501(c)(3) under the IRS tax code) who perform work in return for such aid and who are not under any express contract of hire, and certain persons receiving rehabilitation services in a sheltered workshop
Or check here:
http://www.wcb.ny.gov/content/main/Employers/EmployerHandbook.pdf
It would depend on what the NFP is doing.
Either way here is your answer:
Other than the exceptions listed below
Nonprofit Organizations, individuals working for a
nonprofit organization are considered employees under the WCL in the same manner as those working for a for profit business.
Individuals that volunteer their services for not
-
for
-
profits are generally not eligible for
workers' compensation benefits. Accordingly, a not
-
for
-
profit entity that is not compensating
individuals for their services is not required to obtain a workers' compensation insurance
policy. Please note that compensation includes stipends, room and board, and other "perks"
that have monetary value.
Money
used solely to offset expenses incurred while performing
activities for the nonprofit are not counted as stipends
.
Under WCL §2 [4] and
WCL §3 Group 18
-
profits that are compensating individuals
for their services are required to obtain a workers' compensation insurance policy with the
following
exceptions:
Paid clergy and members of religious orders are exempt from mandatory coverage
(but can be covered voluntarily). To be exempt the clergy and members of religious
orders must be performing only religious duties.
Members of supervised amateur athletic activities operated on a nonprofit basis, provided that such members are not otherwise engaged or employed by any person, firm, or corporation participating in such athletic activity.
Paid individuals engaged in a teaching capacity in or for a religious, charitable or educational institution (Section 501(c)(3) under the IRS tax code) are also exempt from mandatory coverage (but can also be covered voluntarily). To be exempt, the teachers must only be performing teaching duties.
Paid individuals engaged in a non
manual capacity in or for a religious, charitable or
educational institution (Section 501(c)(3) under the IRS tax code) are also exempt
from mandatory coverage (but can also be covered voluntarily). [Manual labor
includes but is not limited
to such tasks as filing; carrying materials such as
pamphlets, binders, or books; cleaning such as dusting or vacuuming; playing musical
instruments; moving furniture; shoveling snow; mowing lawns; and construction of
any sort.]
Persons receiving charitable aid from a religious or charitable institution (Section
501(c)(3) under the IRS tax code) who perform work in return for such aid and who are not under any express contract of hire, and certain persons receiving rehabilitation services in a sheltered workshop
- Thread starter
- #4
Thanks for the advice,
I have started gathering quotes for him because these workers are going to be doing all manual labor. Its a community development group, clean up the neighborhood type thing so they will be mowing, painting, cleaning up lots and that sort of thing.
I have started gathering quotes for him because these workers are going to be doing all manual labor. Its a community development group, clean up the neighborhood type thing so they will be mowing, painting, cleaning up lots and that sort of thing.
Back to NYSIF you go =)
If you happen to get someone other then NYSIF on the hook for this please share.
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