Coverage for Farm Workers: Required (with limitations)
Limitations: Employer must provide workers' compensation to employees for 12 months, starting April 1, if the farmer's total cash wage remuneration paid to all farm laborers during the preceding calendar year amounts to $1,200 or more.
Case Law: Amoah v. Mallah Mgmt., LLC, 57 A.D.3d 29 (N.Y. App. Div. 2008) (finding that status as undocumented alien does not prohibit an award of workers' compensation benefits)
Benefits Available for Undocumented Workers: Undocumented workers are eligible for wage replacement benefits. Amoah v. Mallah Mgmt., LLC, 57, A.D.3d 29, 34 (N.Y. App. Div. 2008). However, undocumented workers cannot receive “additional compensation” for impairment of wage earning capacity, since they are unable to demonstrate legal immigration status, and thus, are ineligible for work in United States, and cannot participate in a rehabilitation program. Ramroopv. Flex-Craft Printing, Inc., 896 N.E.2d 69, 71-72 (N.Y. 2008).
Additional Information: Testa v. Sorrento Rest., Inc., 10 A.D.2d 133 (N.Y. App. Div 1960) (finding that worker was entitled to his workers' compensation award despite the fact that he entered country illegally)