Workers' Compensation NY

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NYS Workers’ Compensation

workers’ compensation NY New York City has one of the highest populations in the world. And with so many residents, the Empire State’s small businesses and workers face greater risk than most other cities. One of those risks is that employees can get hurt or sick from their job. That’s where workers’ compensation insurance can help. With workers’ compensation, NY employees can get benefits to help them recover from work-related injuries or illnesses.
New York requires most employers in the state to carry workers’ compensation coverage. It’s your responsibility as a business owner to get coverage. Get a workers’ compensation insurance quote online today.

How Does Workers’ Comp Work in NY?

If you own a business in New York State, you’ll need workers’ comp coverage for your employees. Be aware that there are different types of workers’ compensation insurance policies available that may include unique coverages and programs. Insurers may offer business owners endorsements to differentiate workers’ comp policies.
As a business owner, you can get coverage through:
  • A private insurance company, like The Hartford
  • The New York State Insurance Fund
  • Self-insurance

What Is Covered by New York State Workers’ Compensation?

No matter where small business owners choose to get coverage in the state of New York, workers’ compensation benefits can help cover:
  • Medical expenses for sick or injured workers who become ill or hurt from their job
  • Repetitive stress injuries, like carpal tunnel or tendonitis
  • Lost wages if your employee misses work while recovering from a work-related injury or illness
  • Funeral costs if your employee loses their life in a work accident or from an illness caused by their work
  • Ongoing medical treatment, like physical therapy
  • Disability benefits if a work-related injury or illness causes a temporary or permanent disability and your employee can’t return to work

Who Needs Workers’ Compensation Insurance in NY?

Workers’ compensation insurance NY New York requires all for-profit businesses and most non-profit companies that have employees to carry workers’ compensation insurance. The state defines an employee as a person who “performs under the supervision, direction and control of an employer either on or off their premises.”1 This includes part-time employees and full-time employees, as well as workers who are:2
  • Temporary
  • Seasonal
  • Casual
  • Leased
  • Borrowed
  • Unpaid

Exceptions to NYS Workers’ Compensation Requirements

NYS workers’ compensation There are a few situations where for-profit businesses fall under workers’ compensation exemptions from New York’s laws. These include:3
  • Sole proprietors
  • A partnership under the laws of New York State
  • A one- or two-person owned company with those individuals owning all the stock and holding offices of the corporation
In each instance, there cannot be any employees, including workers who are:
  • Leased
  • Borrowed
  • Part-time
  • Unpaid volunteers, including family members
  • Independent contractors
There are also exceptions for nonprofit organizations, such as:4
  • Clergy and members of religious orders performing religious duties
  • Members of supervised amateur athletic activities operated on a nonprofit basis
  • People engaged in a teaching capacity for a nonprofit institution
  • A person receiving charitable aid from a religious or charitable institution who performed work in return for the aid
  • People engaged in a non-manual capacity for a nonprofit institution
  • Compensated executive officers of a nonprofit corporation or unincorporated association

Posting a NYS Workers’ Comp Notice of Compliance

According to Section 51 of the Workers’ Compensation Law, employers must post a notice of compliance for coverage with a workers’ compensation form C-105.5 The form should include your insurer’s name, address and phone number, as well as your policy number.
Be sure to post this notice in a place where all employees can see it. Violating this employer workers’ compensation requirement can result in a fine of up to $250 per violation.6

New York State Workers’ Compensation Board

There are five parties responsible for New York State’s workers’ compensation system. The first is the New York State Workers’ Compensation Board. It oversees the settlement of claims and ensures you give out the required coverage to your employees. To operate efficiently, the board maintains nine district officers across New York:
  • Albany
  • Binghamton
  • Brooklyn
  • Buffalo
  • Long Island (Hauppauge)
  • Manhattan
  • Queens
  • Rochester
  • Syracuse
The other four parties are:
  • New York State Insurance Department
  • Compensation Insurance Rating Board (CIRB)
  • Private insurers or the New York State Insurance Fund
  • New York State Department of Labor

Rates for Workers’ Compensation NY

Workers’ compensation rates vary. That’s because every business is unique. Insurance companies use different factors to determine your business’ insurance cost. This can include:
  • The type of work your employees do
  • Your company’s claims history
  • How many employees you have
  • What your payroll entails

How Much Is NY State’s Workers’ Compensation?

There’s no one-size-fits-all price for workers’ compensation insurance. A calculation you can use to help estimate your business’ workers’ compensation cost is:
Workers’ Class Code Rate X Experience Modification Number X (Payroll / $100) = Premium**
The best way to find out how much workers’ compensation insurance will cost your business is to get a quote.

File a Workers’ Compensation Claim in New York State

There are three ways you can file a claim for workers’ compensation in New York State:
  1. Visit our claims page.
  2. Call 877-632-4996 to speak with a New York State Board representative.
  3. Complete and file the C-3 Employee Claim form.
** This is a simplified calculation for educational purposes only. Actual premium calculations can be more complex. Experience mods are subject to state requirements and do not apply to every policy.
1,2,3 New York State Workers’ Compensation Board, “Workers’ Compensation Coverage: For-Profit Businesses”
4 New York State Workers’ Compensation Board, “Workers’ Compensation Coverage: Nonprofit Entities”
5 New York State Department of Labor, “Posting Requirements”
6 New York State Workers’ Compensation Board, “Employers’ Rights and Responsibilities: Workers’ Compensation”
The Hartford shall not be liable for any damages in connection with the use of any information provided on this page. Please consult with your insurance agent/broker or insurance company to determine specific coverage needs as this information is intended to be educational in nature.
The information contained on this page should not be construed as specific legal, HR, financial, or insurance advice and is not a guarantee of coverage. In the event of a loss or claim, coverage determinations will be subject to the policy language, and any potential claim payment will be determined following a claim investigation.
Certain coverages vary by state and may not be available to all businesses. All Hartford coverages and services described on this page may be offered by one or more of the property and casualty insurance company subsidiaries of The Hartford Financial Services Group, Inc. In TX, this insurance is written by Sentinel Insurance Company, Ltd., Hartford Casualty Insurance Company, Hartford Lloyd’s Insurance Company, Property and Casualty Insurance Company of Hartford, Hartford Underwriters Insurance Company, Twin City Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Fire Insurance Company. In Arizona, New Hampshire, Washington and California, the insurance is underwritten by Hartford Accident and Indemnity Company, Hartford Casualty Insurance Company, Hartford Fire Insurance Company, Hartford Insurance Company of Illinois, Hartford Insurance Company of the Midwest, Hartford Lloyd’s Insurance Company, Hartford Underwriters Insurance Company, Maxum Casualty Insurance Company, Maxum Indemnity Company, Navigators Insurance Company, Navigators Specialty Insurance Company, Pacific Insurance Company, Property and Casualty Insurance Company of Hartford, Sentinel Insurance Company, Ltd., Trumbull Insurance Company and Twin City Fire Insurance Company. The Hartford® is The Hartford Financial Services Group, Inc. and its subsidiaries, including Hartford Fire Insurance Company.
The Hartford® is The Hartford Financial Services Group, Inc. and its property and casualty subsidiaries, including Hartford Fire Insurance Company. Its headquarters is in Hartford, CT.
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