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Workers' Compensation for New York Businesses
What are the laws that govern workers’ compensation insurance in New York?
According to the New York Workers’ Compensation Board website
“Workers’ compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job.
Employers pay for this insurance, and shall not require the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are paid by the employer’s insurance carrier, as directed by the Workers’ Compensation Board. The Workers’ Compensation Board is a state agency that processes the claims. If Board intervention is necessary, it will determine whether that insurer will reimburse for cash benefits and/or medical care, and the amounts payable.
In a workers’ compensation case, no one party is determined to be at fault. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer’s fault. However, a worker loses his/her right to workers’ compensation if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else.
A claim is paid if the employer or insurance carrier agrees that the injury or illness is work-related. If the employer or insurance carrier disputes the claim, no cash benefits are paid until the workers’ compensation law judge decides who is right. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not job-related, he or she may be eligible for disability benefits in the meantime. Any payments made under the Disability Program, however, will be subtracted from future workers’ compensation awards.
If you can return to work but your injury prevents you from earning the same wages you once did, you may be entitled to a benefit that will make up two-thirds of the difference. You may also return to work in light or alternate duty before you are fully healed.”
Who is covered by the New York Workers’ Compensation Law?
According to the New York Workers’ Compensation Board website
“Virtually all employers in New York State must provide workers’ compensation coverage for their employees (WCL §2 and 3). Employers must post notice of coverage in their place(s) of business (WCL §51). Employers must cover the following workers for workers’ compensation insurance:
1. Workers in all employments conducted for-profit. Part-time employees, borrowed employees, leased employees, family members and volunteers working for a for-profit business must also be covered under the Workers’ Compensation Law.
2.Employees of counties and municipalities engaged in work defined by the law as “hazardous”.
3. Public school teachers, excluding those employed by New York City, and public school aides, including New York City.
4. Employees of the State of New York, including some volunteer workers.
5. Domestic workers employed forty or more hours per week by the same employer, including full-time sitters or companions, and live-in maids.
6. Farm workers
7. Any other worker determined by the Board to be an employee and not specifically excluded from coverage under the WCL.
8. All corporate officers if the corporation has more than two officers and/or two stockholders.
9. Officers of one-or-two person corporations if there are other individuals in employment. These officers may choose to exclude themselves from coverage.
10. Most workers compensated by a nonprofit organization.
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.
How do I get workers’ comp for my New York business?
Workers’ compensation insurance in New York can be obtained easily through our free quote service. Once a New York employer obtains workers’ comp insurance or authority to self-insure, the employer is required to post a notice of workers’ compensation insurance advising their employees of the coverage and of the employee’s right to reject this coverage.
New York Statistics*
*2017 business stats provided by the Bureau of Labor Statistics
number of New Yorkers employed by small businesses
number of workplace injuries
acres of farmland
miles of subway track
New York Businesses We Cover with Workers' Comp Insurance
Food & Beverage
Bars, Bistros, Cafeterias/Buffets, Candy Stores, Caterers, Coffee Shops, Doughnut Shops, Fast Casual, Fast Food, Fine Dining, Health Supplement Stores, Juice Shops, Tea Houses, Taverns and NightclubsGet a Free Quote
Data Processing, Ecommerce, Hosting, Graphic Design, Network Installation/Repair, Office Machine Installation/Repair, Programming, Strategy & Management Consulting Services, and Software/Web Development (includes SOLOpreneuers!)Get a Free Quote
Athlete/Actor/Entertainer Agents, Court Reporters, Lawyers & Attorneys at Law, Notaries and TranscriptionGet a Free Quote
Bakeries, Beer/Wine/Liquor Stores, Butcher/Meat Markets, Convenience Stores/Gas Stations, Discount Stores, Fish, Seafood, Fruit & Vegetable Markets, Grocery Stores, Laundromats, Pet Stores, Pharmacies/Drug Stores, Specialty Food StoresGet a Free Quote
Computer Training, Cosmetology/Barber Schools, Exam Preparation/Tutoring, Fine Art Schools, Language Schools, Libraries/Archives, Management Training, Professional Training, & Translation/Interpretation ServicesGet a Free Quote
Microbreweries (less than 15,000 barrels produced per year) & Wine Making (no growing or production of grapes/fruit)Get a Free Quote
Barber Shops/Salons, Cemeteries/Mausoleums, Crematoriums, Funeral Homes, Interior Design, Pet Kennels/Groomers, Photography/Photofinishing, Gyms, Nail Salons, Self-Storage, Tanning Salons, Tattoo/Piercing, and Wedding/Event PlannersGet a Free Quote
Bridal Stores, Clothing Stores, Dry Cleaners, Formal Wear/Costume Rentals, Luggage & Leather Goods Stores, Shoe Retail/Repair, and Tailor ShopsGet a Free Quote
Personal Product Retail
Art Galleries/Stores, Auto Parts, Beauty/Cosmetics, Bike Stores, Bookstores, Camera/Photo Supplies, Cell Phone Retail/Repair, Computer Stores, Jewelry Stores, Musical Instruments, Sporting Goods , Tobacco/Vaping & Video GamesGet a Free Quote
Blood Banks, Dental Labs, Dentists/Orthodontists, GP/Medical Specialists, Kidney Dialysis Centers, Medical Diagnostics & Testing, and VeterinariansGet a Free Quote
Architecture & Engineering Services
Architects & Drafting, Engineering, Surveyors, & Window Treatment Stores (we do not cover construction contractors or trucking companies)Get a Free Quote
Accounting, Auditors, Banks/Credit Unions, Bookkeeping, Collection Agencies, Financial Advisors/Trust Companies, Mortgage & Loan Brokers, Payroll Services, Tax Preparation, Title & Title InsuranceGet a Free Quote
Scientific Research & Development/Consulting, Technical Consulting, & Environmental ConsultingGet a Free Quote
Office, Home, & Garden
Hearing Aid Stores, Hobby/Craft/Art Stores, Gift/Novelty Stores, Florists, Floor Covering Stores, Mailing/Packaging Stores, Models/Toy/Games, Office Supplies, Optical Stores, Paint/Wallpaper Stores, Perfume Stores, Plumbing & TaxidermistsGet a Free Quote
Acupuncture, Chiropractors, Mental Health Practitioners, and Physical & Occupational TherapyGet a Free Quote
Explore commonly asked questions about business type, industry and state.
How is Workers' Compensation related to payroll? What do I do when I hire, give raises or fire employees?