Workers' Compensation for Unpaid Interns in New York

Who Qualifies for Workers' Compensation as an Unpaid Intern?

In New York, an unpaid intern is considered an employee for workers' compensation purposes if the employer controls the intern's work and the intern performs tasks integral to the business. The state's definition does not require a wage; the key factor is the nature of the relationship. If the internship is purely educational, the intern may be excluded, but many internships that involve hands‑on work trigger coverage.

What Types of Injuries Are Covered?

Any injury that occurs while the intern is performing job‑related duties is potentially covered. This includes:

• Physical injuries from machinery, falls, or repetitive strain.
• Exposure to hazardous substances that cause illness.
• Accidents during training or supervised tasks.

Personal injuries sustained outside the workplace or during non‑work activities generally do not qualify.

How to File a Claim

Interns should notify the employer immediately and complete Form 1000, "Workers' Compensation Claim." The employer must then file a copy with the Department of Labor and Industries within 30 days. The intern must provide medical records and a statement of the incident. If the employer refuses, the intern can file a complaint with the workers' compensation board.

Employer Responsibilities and Consequences

Employers must carry workers' compensation insurance and maintain proof of coverage. Failure to do so can result in civil penalties, suspension of business licenses, and personal liability for unpaid benefits. Additionally, unpaid interns who are covered must receive the same benefits as paid employees, including medical care, wage replacement, and, if permanent, disability benefits.

Common Misconceptions and Legal Guidance

Many believe that because interns do not receive wages, they are exempt from coverage. New York law counters this: the absence of pay does not negate the employer's control or the intern's exposure to risk. Interns with disputes should consult an attorney specializing in labor law to ensure rights are protected and claims are properly pursued.

Key Takeaways for Interns and Employers

• Control and job integration determine coverage, not wages.
• All workplace injuries are potentially covered, regardless of payment.
• Timely reporting and accurate documentation are critical for claim success.
• Employers must maintain insurance; failure exposes them to significant penalties.