Workers Compensation 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 New York State Workers Compensation Board. Another option is the employer should have insurance, either individually or as a group. 

The employer is the one who pays the insurance, and no amount should be charged to the new york workers. It is the Board’s legal authority to demand employers to provide workers comp insurance to their workers and penalize those who do not follow. When employers purchase worker’s comp insurance, they have to pay for medical, indemnity, and death benefits. Premiums mirror the employers’ potential liability based on experience, wages of their workers, and the type of industry they are engaging in.

How Much Does Workers Compensation in New York Cost?

Worker’s comp rates may vary by business. Each state has different requirements for workers compensation insurance of diverse industries. You may find 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, the workers compensation in New York has the highest rates in the U.S. 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 NY

Workers compensation insurance is also known as workers’ comp 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

New York’s private market allows you to buy a worker’s 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 the other option, which is self-insurance.

How does workman’s compensation New York?

New York City is one of the highly populated cities in the whole world. Due to many residents, small businesses, including workers, are at a greater risk than other cities. 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 worker’s comp insurance. Work compensation states that every employee has the right to receive benefits when injury or contract illness happened in the workplace. The law protects workers who have been injured in 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.

As an employee, if you are hurt on the job, you have to seek immediate medical assistance. Still, you 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.

Your doctor will determine when you will be ready to return to work. If you lost the capacity to earn due to the incurred injury, you might be entitled to permanent partial disability. The length of time you will be receiving benefits will depend on the body part you injured or your impairment rating.

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 and it has different types. The first one, 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 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.

Workers’ Compensation Limits in New York

A worker compensation NY policy has two parts.

Employee benefits (Part A) 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) works on lawsuits about work comp claims. The employee may choose to sue the employer for losses in addition to worker’s comp benefits if he or she believes 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 NYS Workers’ Compensation Requirements

There are some instances where businesses are exempted from New York State workers’ compensation. Some of these exemptions are:

  • Sole proprietors
  • Partnership under the laws of New York State
  • One or two persons own the company and all the stock as well as offices of the corporation

In each of these interactions

  • Any employees
  • Leased employees
  • Borrowed employees
  • Part-time employees
  • Unpaid volunteers 
  • Independent contractors or subcontractors

Does S Corp need worker’s compensation?

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. The workers compensation insurance protection that covers employees from work-related injuries.

State by State

The laws on who will be responsible for the worker’s 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 worker’s 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.


Worker’s compensation insurance covers a business in three ways: covers employee illnesses, workplace injuries, and protects a business from lawsuits, keeps business compliant with state regulations. New York has an office that caters to questions regarding worker compensation new york, particularly for small business owners. 

New York State has harsh penalties for worker’s compensation violations. If a business with five or more employees does not provide its employees can be charged for a felony, it can be penalized or debarred from public work contracts. Ensure that your policy includes workers only when they are working in-state and other coverage for out-of-state work.

Hence, it is crucial to obtain worker’s compensation coverage 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.