Workers Compensation Insurance NY

Workers’ Comp Insurance in NY: All You Need to Know

The workers’ compensation system was established due to the tragedy that happened in New York state. It was the most severe factory fire in the history of New York. Today, all New York companies with employees must offer workers’ compensation insurance as the state’s strict requirements for employers. They have to obtain it with an insurer authorized by the State of New York Workers Compensation Board. Another option is the employer should have insurance, either individually or as a group. 

According to NY workers comp laws, all employers must have a workers’ compensation policy and they are the ones who pay the insurance. Workers’ comp insurance is important as businesses must show proof of the policy when getting business permits, with very few exemptions. Here’s what you need to know about workers’ comp insurance in NY. 

Chefs preparing food in the kitchen of a restaurant.

What is NY Workman’s Comp Insurance?

New York City is one of the most highly populated cities in the whole world. Due to many residents, small businesses and their workers, business owners in NY are at a greater risk than other cities. For example, there will be higher chances of car accidents, especially for workers who have to travel to the city from different parts of the state.

Protecting your employees is one of the things you would aim to do as an employer. Make sure that your workforce is protected through good NYC workers’ comp insurance. NY workers’ comp laws state that every employee has the right to receive benefits when injury or contract illness happens in the workplace. The law protects workers who have been injured on the job and helps them return to work in the soonest time possible.

Hence, employers should provide workers’ compensation insurance to help their workers in the course of their employment.

Employees who are hurt on the job have the right to seek immediate medical assistance. Still, they have to ensure that the physician is approved by the Workers’ Compensation Board, except in emergencies. It is the employee’s responsibility to inform his or her employers regarding the injury or illness within 30 days. The employee will have to complete the application forms to file the claims and be done within two years. The insurance company will review the application and will be the one to decide to approve or dispute the claim.

What is Workers’ Compensation Board?

State of New York Workers’ Compensation board serves to protect the rights of employees and business owners by ensuring the proper delivery of benefits to those who are ill or injured. But foremost, the Workers’ Compensation Board promotes business compliance with the law in the state of New York. The Board’s core services include:

  • Conducting hearings
  • Providing appeals and resolving disputes
  • Monitoring businesses and ensuring they have acceptable coverage
  • Establishing medical treatment guidelines
  • Providing educational outreach to stakeholders

What Is Covered by New York State Workers’ Compensation?

If you have a business in New York, you have to offer your employees workers’ compensation insurance that comes in different forms of coverage. In most cases, you can obtain self-insurance from private companies or with The New York State Insurance Fund. No matter where you purchase your insurance, most worker’s comp policies cover:

  • Medical expenses for occupation-related injuries or illnesses
  • Repetitive stress injuries
  • Lost salaries if an employee misses a day’s work
  • Funeral costs if your employee died on the job
  • Ongoing medical treatment
  • Disability injury preventing your worker from returning to work

Who Needs Workers’ Compensation Insurance in NY

For a business to succeed, a vital part is to ensure that your workers are covered to ensure their safety. Hence, obtaining the right amount of workers’ compensation insurance is crucial because it can pay off their medical bills if they need it. According to the New York Workers’ Compensation Board, all employers must obtain and continuously keep in effect workers’ compensation coverage for their employees in NY. This law includes part-time employees and family members who work in the company. 

Business owners who fail to secure coverage for five or fewer employees within a one-year period will have to pay a fine between $1,000 and $5,000. In case the owner fails to cover more than five employees, they will have to pay between $5,000 and $50,000.

NYC Workers’ Comp Limits 

A worker compensation NY policy has two parts:

  • Employee Benefits (Part A): this policy covers medical fees and lost earnings due to the inability to work. Generally, employee benefits have no prohibitions, and claims cannot be refused or rejected, except proof of fraud can be provided.
  • Employer Liability (Part B): this policy works on lawsuits about work comp claims. The employee may choose to sue the employer for losses in addition to workers’ comp benefits if they believe that the injury happened due to the employer’s negligence. In this case, the employer’s legal defense expenses are covered by the policy. This part of the policy has limits where you can select when you buy insurance.

Exceptions to NYC Workers’ Compensation Insurance

There are only a few situations in which businesses are exempt from providing workers’ comp insurance in NYC:

  • Partnership with No Employees: If the business is a partnership under the laws of NYC, and there are no employees, no part-time employees, no leased employees, and no paid volunteers, including family members.
  • True Sole Proprietorship: If the business is owned by one individual with no employees, no part-time employees, no leased employees, and no paid volunteers, including family members. 
  • One or Two Owner Corporation with No Employees: If the business is owned by one or two people who own all of the stock and hold all offices of the corporation with no employees, no part-time employees, no leased employees, and no paid volunteers, including family members. 

How Much Does Workers’ Compensation Insurance in New York Cost?

Workers’ comp rates in NYC may vary by business. Each state has different requirements for workers’ compensation insurance for diverse industries. You may find out about your rates by working with your insurance carrier or The New York Insurance Fund.

Your cost for workers’ compensation insurance will depend on the business’ unique risks. There is no standard cost for worker’s comp insurance or workman’s comp. Several factors influence the workmen’s compensation ny costs, such as:

  • State’s laws
  • Business’ size
  • Employees’ type of work
  • Claims history

According to a report by the Oregon Department of Consumer and Business Services in 2018, workers; compensation in New York has the highest rates in the US. It ranges from $3 – $3.49 per $100 in payroll. Besides your premium, there are also other workers’ compensation costs. You should make deductible payments and take care of the administrative costs of managing claims.

The base rate is multiplied by company payroll, and discounts may be applied by an insurance provider to determine the final premium. The rating bureau assigns Experience Modifier factors for employers with premiums above $5,000.

Most states utilize the National Council on Compensation Insurance (NCCI) to gather workplace data and regulate rates. At the same time, NY has its own rating agency, the New York Compensation Insurance Rating Board. It is a non-profit association of workers compensation insurance companies that collects loss, premiums and payroll data, and regulates rates. Rates are set by class code or the field.

How to Determine Workers’ Compensation NYC

As mentioned above, workers’ compensation insurance covers workers in case of illness or work-related damages. If an employee is injured, they can file workers’ comp claims to obtain a weekly benefit. It can help cover medical bills, lost salaries, and more.

New York workers receive a portion of their average weekly salary. An average weekly salary is an amount an employee gets when they go to work before they get injured or sick. The weekly wage is vital to determine the amount an employee can receive in compensation benefits. The salary is used to calculate if an injury or ailment transpired. Here are some of the factors that can influence an employee’s average weekly pay.

  • If the worker is contracted for a whole year, five days a week
  • If the worker is in a different industry for an entire year
  • If the employee is a part-time or irregular worker

Usually, determining the average weekly pay is done by multiplying the employee’s daily salary by the number of days served in the whole year. The number then is divided by 52 to get the employee’s weekly wage. With the right data, you can compute your employee’s average weekly wages to find how much they will receive in benefits. But some factors may affect the overall workers’ comp insurance premium, such as:

  • Class codes
  • Number of workers
  • Payroll
  • Claims history

The class code depends or is determined by the state. It signifies the type of job the employee is working in. Each position has its corresponding code; the number is by comparing a particular business to an average company in the same field.

How to Buy Small Business Workers’ Compensation Insurance in NY

New York’s private market allows you to buy a workers’ comp policy from a licensed insurance carrier or company. If you cannot avail of workers comp insurance from an insurance carrier, you can get in touch with the New York State Insurance Fund. State Funds are accepting higher-risk businesses but with higher rates. In this manner, employers might think of another option, which is self-insurance.

Does S Corp Need Workers’ Compensation in NYC?

Corporations with limited numbers of shareholders like S corporations have owners that are involved in the daily activities. Labor laws that oversee the requirements for businesses focus on the employee’s treatment. 

State by State

The laws on who will be responsible for the workers’ compensation insurance coverage vary from state to state. In other states, businesses with less than the required number of employees are exempted from obtaining coverage. But others require any company as long as they have employees who are not owners to carry it.


Businesses need to carry the workers’ compensation insurance for any employees who are shareholders. S corporation owners who are not involved in the business operations are not eligible for the coverage. Some states may include the employee-owners in counting the number of employees but will not require the company to provide coverage to the employer.

Finally, workers’ compensation insurance covers employee illnesses, workplace injuries, and protects a business from lawsuits, keeps business compliant with state regulations. Hence, it is crucial to obtain workers’ comp insurance in NY because aside from it being a requirement for businesses, you have to make sure that your business is protected to avoid future problems with your employees and the possibility of paying out of your pocket.

Talking to a knowledgeable and trustworthy insurance agency is the best way to find the most suitable workman’s comp insurance in NY for your industry and the perfect coverage for your staff. Contact East Insurance Group and get your free quote today!