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Workers’ Compensation Insurance in New York

Workers' Compensation Insurance in New York

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If your business has employees in the state of New York, you’ll need to make sure you adhere to New York’s Workers’ Compensation Insurance laws. Workers’ Compensation provides medical and financial benefits for employees who suffer work-related injuries or illnesses or for their survivors in the case of an employee death. 

Who needs Workers’ Compensation Insurance in New York?

New York requires all employers with at least one employee to obtain Workers’ Compensation Insurance. In New York, an “employee” is generally defined as any individual who performs services for another and is not an independent contractor. 

The New York Workers’ Compensation Law (WCL) defines all of the requirements for Workers’ Comp in New York, and the New York Workers’ Compensation Board (WCB) monitors, enforces, and administers the program. Ensuring your company is in compliance is critical, as there are serious penalties and fines for those who fail to abide by state regulations.

What employees are covered under Workers’ Compensation in New York?

Almost all workers are covered under Workers’ Compensation in New York. If you provide work or services for an employer, and you are not an independent contractor, you will likely be eligible for Workers’ Compensation Insurance. 

The following are categories of employees that are eligible for Workers’ Comp coverage:

The following are categories of employees that are generally excluded from Workers’ Comp coverage:

What Workers’ Compensation benefits do employees receive?

Under Workers’ Compensation in New York, employers are required to provide the following benefits to employees who are injured in the course of employment:

Medical Benefits

Temporary Total Disability Benefits

Temporary Partial Disability Benefits

Permanent Partial Disability Benefits

Permanent Total Disability Benefits

Disfigurement Benefits

Death Benefits

What are the penalties for breaking New York Workers’ Compensation laws?

Failure to adhere to the Workers’ Compensation laws set out by the WCB can result in significant fines and even imprisonment. In order to avoid any costly penalties, it’s important to consult the WCB or your insurer to ensure you are in compliance. Below are the major ways in which companies can be penalized:

Failure to Secure Coverage


Failure to Maintain Accurate Payroll Records

How much does Workers’ Compensation Insurance cost in New York?

According to the National Academy of Social Insurance Workers’ Compensation Report (October 2019), the average employer cost for Workers’ Compensation in New York was $1.46 per $100 of covered wages. This figure is estimated across all insurers and all industries, so the cost to your particular business may vary.

How does the Workers’ Compensation claims process work in New York?

The claims process in New York begins with the employee. If an employee suffers a work-related injury or illness, he or she must report the condition to the employer in writing within 30 days of the injury or accident. Any delay in reporting may result in delays in the claims process or denial of the claim.

The employer can then investigate the incident and must file a report with the WCB and their insurer within 10 days of the accident. The insurer then has 10 days after receiving the report or 18 days from the date of disability or 10 days after the employer has knowledge of the accident, whichever is greater, to deny or approve a claim.

If the claim is approved, the insurer must begin paying benefits to the injured employee within 10 days of receiving the employer report of the accident, 18 days after the date of disability, or 10 days after the employer has knowledge of the accident.

If the claim is disputed, a hearing will be held with a WCL judge who will make a decision on the claim.

New York Workers’ Compensation Insurance Resources

For more information on New York Workers’ Compensation laws and requirements, please visit the following resources:

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