Workers Compensation and the Student Learner
For Student Interns
Student interns are individuals who are providing services to gain work experience.
An unpaid student intern providing services to a for-profit business, a nonprofit, or government entity is generally considered to be an employee and should be covered under that organization's Workers' Compensation Insurance Policy. Workers' Compensation Law judges have ruled that the training received by student interns constitutes compensation (even though the student interns may not be receiving actual "cash payments" for their efforts).
A paid student intern providing services to a for-profit business, a nonprofit (other than a nonprofit that is covered under Section 501(c)(3) of the IRS tax code), or a government entity should be covered under that organization's Workers’ Compensation Insurance Policy.
Exception: Please note that student interns (paid or unpaid) providing non-manual services to a religious, charitable or educational institution (covered under Section 501(c)(3) of the IRS tax code) are 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.]
http://www.wcb.state.ny.us/content/main/onthejob/CoverageSituations/studentInterns.jsp
Volunteers
Unpaid and uncompensated volunteers doing charitable work for a nonprofit organization are not considered employees and do not have to be covered by a Workers' Compensation policy. Please note that compensation includes stipends, room and board, and other "perks" that have monetary value. (Stipends used solely to offset expenses incurred while performing activities for the nonprofit are not counted as stipends.)
NOTE 1: For purposes of Workers' Compensation coverage, for-profit business entities cannot have "volunteers" doing work for the business. These individuals are employees and must be covered.
NOTE 2: Volunteer firefighters and volunteer ambulance workers are provided benefits for death or injuries suffered in the line of duty under the Volunteer Firefighters' Benefit Law and Volunteer Ambulance Workers' Benefit Law.
http://www.wcb.state.ny.us/content/main/onthejob/CoverageSituations/volunteers.jsp
US Department of Labor – Definition of Student Learner
US DEPT OF LABOR Part III WAGE AND HOUR DIVISION –Employment of Student Learners, Apprentices, Learners, Messenger, and Student Workers, final rule issued Tuesday, December 9, 1997, defines student learners.
Student learner means a student who is at least 16 years of age, or at least 18 years of age if employed in an occupation which the secretary has declared to be particularly hazardous, who is receiving instruction in an accredited school, college, or university, and who is employed by an establishment on a part-time basis, pursuant to a bonafide vocational training program.
US Department of Labor - Hazardous Occupations (from the Internet)
Hazardous Occupations
The minimum age is 18 for employment in non-agricultural occupations declared hazardous by the Secretary of Labor. The rules prohibiting working in hazardous occupations (HO) apply either on an industry basis, or on an occupational basis no matter what industry the job is in. Parents employing their own children are subject to the same rules. Some of these hazardous occupations have definitive exemptions. In addition, limited apprentice/student-learner exemptions apply to those occupations marked with an *.
These rules prohibit work in or with the following:
HO #1 Mnufacturing and storing of explosives.
HO #2 Coal mining.
HO #3 Driving a motor vehicle and being an outside helper on a motor vehicle.
HO #4 Logging and sawmilling.
HO #5 Power-driven woodworking machines.
HO #6 Exposure to radioactive substances.
HO #7 Power-driven hoisting apparatus.
HO #8 Power-driven metal-forming, punching, and shearing machines.
HO #9 Mining, other than coal mining.
HO #10 Meat packing or processing (including the use of power-driven meat slicing
machines).
HO #11 Power-driven bakery machines.
HO #12 Power-driven paper-product machines.
HO #13 Manufacturing brick, tile, and related products.
HO #14 Power-driven circular saws, band saws, and guillotine shears.
HO #15 Wrecking, demolition, and shipbreaking operations.
HO #16 Roofing operations.
HO #17 Excavation operations.
For more information regarding child labor laws see
http://www.dol.gov/whd/childlabor.htm
Student interns are individuals who are providing services to gain work experience.
An unpaid student intern providing services to a for-profit business, a nonprofit, or government entity is generally considered to be an employee and should be covered under that organization's Workers' Compensation Insurance Policy. Workers' Compensation Law judges have ruled that the training received by student interns constitutes compensation (even though the student interns may not be receiving actual "cash payments" for their efforts).
A paid student intern providing services to a for-profit business, a nonprofit (other than a nonprofit that is covered under Section 501(c)(3) of the IRS tax code), or a government entity should be covered under that organization's Workers’ Compensation Insurance Policy.
Exception: Please note that student interns (paid or unpaid) providing non-manual services to a religious, charitable or educational institution (covered under Section 501(c)(3) of the IRS tax code) are 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.]
http://www.wcb.state.ny.us/content/main/onthejob/CoverageSituations/studentInterns.jsp
Volunteers
Unpaid and uncompensated volunteers doing charitable work for a nonprofit organization are not considered employees and do not have to be covered by a Workers' Compensation policy. Please note that compensation includes stipends, room and board, and other "perks" that have monetary value. (Stipends used solely to offset expenses incurred while performing activities for the nonprofit are not counted as stipends.)
NOTE 1: For purposes of Workers' Compensation coverage, for-profit business entities cannot have "volunteers" doing work for the business. These individuals are employees and must be covered.
NOTE 2: Volunteer firefighters and volunteer ambulance workers are provided benefits for death or injuries suffered in the line of duty under the Volunteer Firefighters' Benefit Law and Volunteer Ambulance Workers' Benefit Law.
http://www.wcb.state.ny.us/content/main/onthejob/CoverageSituations/volunteers.jsp
US Department of Labor – Definition of Student Learner
US DEPT OF LABOR Part III WAGE AND HOUR DIVISION –Employment of Student Learners, Apprentices, Learners, Messenger, and Student Workers, final rule issued Tuesday, December 9, 1997, defines student learners.
Student learner means a student who is at least 16 years of age, or at least 18 years of age if employed in an occupation which the secretary has declared to be particularly hazardous, who is receiving instruction in an accredited school, college, or university, and who is employed by an establishment on a part-time basis, pursuant to a bonafide vocational training program.
US Department of Labor - Hazardous Occupations (from the Internet)
Hazardous Occupations
The minimum age is 18 for employment in non-agricultural occupations declared hazardous by the Secretary of Labor. The rules prohibiting working in hazardous occupations (HO) apply either on an industry basis, or on an occupational basis no matter what industry the job is in. Parents employing their own children are subject to the same rules. Some of these hazardous occupations have definitive exemptions. In addition, limited apprentice/student-learner exemptions apply to those occupations marked with an *.
These rules prohibit work in or with the following:
HO #1 Mnufacturing and storing of explosives.
HO #2 Coal mining.
HO #3 Driving a motor vehicle and being an outside helper on a motor vehicle.
HO #4 Logging and sawmilling.
HO #5 Power-driven woodworking machines.
HO #6 Exposure to radioactive substances.
HO #7 Power-driven hoisting apparatus.
HO #8 Power-driven metal-forming, punching, and shearing machines.
HO #9 Mining, other than coal mining.
HO #10 Meat packing or processing (including the use of power-driven meat slicing
machines).
HO #11 Power-driven bakery machines.
HO #12 Power-driven paper-product machines.
HO #13 Manufacturing brick, tile, and related products.
HO #14 Power-driven circular saws, band saws, and guillotine shears.
HO #15 Wrecking, demolition, and shipbreaking operations.
HO #16 Roofing operations.
HO #17 Excavation operations.
For more information regarding child labor laws see
http://www.dol.gov/whd/childlabor.htm