New York

New York law requires almost all employers operating in New York State to have workers compensation insurance coverage for their employees.

Employers must maintain workers compensation coverage for their employees without lapse in coverage, even when switching insurance carriers.

 

• A business that is owned by one individual with no employees/leased employees, borrowed employees, part-time employees or unpaid volunteers (including family members) and is not a corporation.
• The business is a partnership under the laws of New York State, and there are no employees, leased employees, borrowed employees, part-time employees or unpaid volunteers (including family members).
• The business is a one or two person owned corporation, with those individuals owning all of the stock and holding all offices of the corporation, and there are no employees, leased employees, borrowed employees, part-time employees or unpaid volunteers (including family members). Specifically, if the corporation is owned by two people, each person must own at least one share of stock and between them own all the shares of stock in the corporation. In addition, they both must be corporate officers and between the two of them hold all the offices of the corporation

General Contractors are not required to carry workers compensation insurance. However, that does not relieve them of their obligations if any claims are files by their employees. General contractors can require sub-contractors to provide valid proof of workers compensation insurance.

Otherwise, general contractors become responsible for the sub-contractors employees with regard to any work compensation issues.
Sole proprietors, partners, and one/two person corporate officers with no employees are not required to carry workers' compensation insurance (although coverage may be obtained voluntarily).

Upon request an employer must provide the Workers Compensation Board with all books, employee records and payrolls. An employer must maintain correct records of their employee count, classification, wages and any accidents for four years. Failure to maintain records can bring a fine of $1,000 per every 10-day period of noncompliance or twice the cost of compensation. Also, a fine for criminal conviction is from $1,000 to $50,000.

C-2 report must be filed with the Worker’s Compensation Board and the insurance carrier if a work-related accident injury causes or a loss of time of one day beyond the working day or shift on which the accident occurred, or which requires any medical treatment beyond first aid or more than two treatments of first aid. Failure to file the C-2 report or to do it in a timely fashion can result in a fine of up to $2,500.