Graduate students at Cornell University are pushing for the right to workers’ compensation, report the Chronicle of Higher Education and Cornell Daily Sun. The effort started after chemical engineering graduate student Richard Pampuro severed tendons and destroyed an artery in his right arm on some broken glass. “After two surgeries and about 40 sessions of physical therapy, Mr. Pampuro said his hand still ‘feels like wearing a mitten—the fingers all move together,’” the Chronicle says.
Under New York law, “people engaged in a teaching or ‘nonmanual’ capacity at a charitable or educational institution are exempted from being covered under workers’ compensation” unless the employer decides otherwise, the Chronicle reports. Cornell faculty are eligible for workers’ compensation. The New York state workers’ compensation board has asked Cornell to clarify why it distinguishes between faculty and graduate student teachers, the Chronicle says.
Looking at the board’s website, it seems odd that graduate students would be exempt:
Who Is Not Covered By The Workers’ Compensation Law?
4. People engaged in a teaching capacity in or for a nonprofit religious, charitable or educational institution (Section 501(c)(3) under the IRS tax code). (WCL §3 Group 18) To be exempt, the teachers must only be performing teaching duties;
5. People engaged in a non-manual capacity in or for a nonprofit religious, charitable or educational institution (Section 501(c)(3) under the IRS tax code (WCL §3 Group 18). 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;
Graduate students don’t just teach, and it seems likely that research laboratory tasks would count as manual labor. C&EN’s Beth Halford reported in 2004 that New York graduate students were covered by workers’ compensation. The Daily Sun says that postdoctoral researchers are covered by workers compensation.
Prospective graduate students should take the time to research the laws and policies applicable to schools they’re considering attending. Although Cornell claims that the school has done better by graduate students than workers’ compensation would have allowed, that’s been entirely voluntary on the part of the school. And according to Pampuro:
As is, injuries are handled on a “case-by-case” basis by a committee of anonymous individuals. Not even the injured are allowed to know who oversees their case. …
To say that the administration was dismissive of me would be generous. I was told in no uncertain terms that graduate students can not expect a guarantee of coverage, and that I should feel lucky for whatever I am granted. Eventually, I was offered a portion of my stipend and medical coverage for a limited period of time. The awarded compensation has failed to cover my full period of recovery. Offers from the black-box committee reflected little respect for my needs and no discernable consideration of my injury.
Cornell is forming a task force to consider the issue of graduate students and workers compensation, the Daily Sun story says. The task force will not include graduate students.