Friday, December 2, 2022

Who Is Exempt From Workers Compensation In New York

Who Needs Workers Comp Insurance In New York

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The State of New York requires employers to carry workers compensation insurance for employees.

According to state law, there are very limited instances when an employer would be exempt from this requirement. The only situations in which an employer would not be required to provide coverage are:

  • If the business is owned by one individual and there are no employees, leased employees, borrowed employees, part-time employees, unpaid volunteers, or subcontractors
  • If the business is a partnership or corporation and has no employees
  • If the business is owned by one or two people, and those people own all stock and offices, and there are no additional employees

The law also requires employers to conspicuously post a notice that indicates their workers compensation insurance coverage. Notices must include the name, address, and phone number of the insurer and the employers policy number.

Workers Compensation Law Rules And Policy Information For The State Of New York

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The New York Compensation Insurance Rating Board, contact at: Private Insurance: AllowedSelf-Insurance: AllowedState Fund: Yes there is a competitive state fund The State Insurance Fund is a not-for-profit agency of the State of New York that was established pursuant to the WCL in 1914 to provide a guaranteed source of workers compensation insurance coverage at the lowest possible cost to employers within New York State. Despite its State agency status, SIF is a self-supporting insurance carrier that competes with private insurers. Just like any insurance carrier, SIF collects premiums from employers to pay for the claims and related medical expenses of employees who are injured on the job. The premiums are required by law to be fixed at the lowest possible rates. SIF must provide insurance to any employer seeking coverage, regardless of the employers type of business, safety record or size. However, if an employer owes SIF money from a previous bill or account, SIF may deny coverage. SIF is a totally separate and distinct entity from the New York State Workers Compensation Board. Contact SIF at: New York State Insurance Fund 1 Watervliet Ave Ext.

  • Reciprocity:
  • Allowed: No. New York must be shown in item 3A on the workers compensation insurance information page.
  • For More Information Contact: New York State Workers Compensation Board shown below.
  • Regulated By:

    Small Business Coverage And Peace Of Mind

    New York is a state of superlatives, from dazzling Manhattan to the powerful splendor of Niagara Falls. Not only is the Empire State home to New York City, one of the most illustrious cities in the world, but it also rolls on through the Adirondack Mountain Park, one of the largest wilderness areas in the United States. The Hudson River Valley was the cradle of colonial America, and the Finger Lakes region attracts millions of tourists with wineries, hotels and cultural events.

    If New York were an independent nation, its economy would rank fifteenth largest in the world. As home to the New York Stock Exchange, NASDAQ, and numerous Fortune 500 companies, it would seem that New York is all about big businesses. However, 99 percent of all companies in the Empire State are classified as small businesses. There are roughly two million of these independently owned and operated businesses, and they employ more than 51 percent of New Yorks non-farm, private-sector workforce.1 New York adopted one of the nations first workers compensation laws in 1909 and has had a no fault insurance system since 1914. Workers compensation laws in New York provide benefits to workers who need more than first aid due to a workplace injury or occupational disease. New York workers compensation law also provides rehabilitation services for those who are catastrophically injured and compensation to survivors of those killed on the job.2

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    Who Is An Employee Under New York Workers Compensation

    Under the Workers Compensation Law, virtually all employers in New York State must provide workers compensation coverage for their employees.

    For workers compensation insurance purposes, the term employee generally includes day labor, leased employees, borrowed employees, part-time employees, unpaid volunteers , and most subcontractors.

    The factors that are considered to determine whether an individual is an employee within the meaning of the WCL and thus must be provided with workers compensation insurance coverage by the employer include:

    Note: A workers compensation law judge determines whether a person is considered an employee at a hearing following a work related accident or illness.

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    Are Workers Comp Benefits Taxable In New York

    TN SOS SS

    You have questions about your workers comp benefits. Our attorneys have answers.

    Typically, in New York, workers that receive benefits from workers compensation due to an on the job injury are not subjected to taxes at the federal, state, or local levels. Workers compensation benefits for work injuries are tax-exempt if they are paid under the workers compensation act and also includes the survivors that receive benefits for fatal injuries. However, as with many rules, there are exceptions. If you are receiving benefits for workers compensation and disability benefits from Social Security, there may be a tax responsibility involved on your part.

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    Possible Exemptions For Nys Workers Compensation Law

    Under NYS Workers Compensation Law, there are a few situations where a contractor may be exempt from providing coverage, including:

    • A sole-proprietorship that is not incorporated and has no employees, no leased employees, no borrowed employees, no part-time employees, no unpaid volunteers and no subcontractors.
    • A partnership that does not have employees of any type.
    • A one-or-two person-owned corporation in which those individuals own all of the stock and hold all of the corporations offices. It also may not have any employees, leased employees, borrowed employees, part-time employees, unpaid volunteers or subcontractors.

    Workers Compensation Insurance provides reliable protection to New York contractors. If you are interested in receiving a quote for a policy, contact Contractors Insurance today.

    How Does Workers’ Compensation Work In New York

    It is an employees responsibility to inform the employer or supervisor when an injury or accident has occurred. The injured worker must seek treatment only from a healthcare provider that is authorized by the Workers Compensation Board , unless treatment is provided in an emergency situation.

    Generally, an employer cannot direct employees to specific medical providers, unless the employer participates in a Preferred Provider Program or Alternative Dispute Resolution Program. The employer could recommend a provider, but the employee must also be informed of their right to select a provider of choice.

    When the employer becomes aware of an injury that might be covered by workers compensation insurance, the employer should communicate with its insurance provider throughout the workers compensation claim process.

    A minor injury that requires two or fewer first aid treatments and that causes the employee to return to work in one day or less could be compensated directly by the employer. Any other injury must be reported to the Board and the workers compensation insurance carrier within 10 days.

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    Who Is Not Covered By Workers Compensation In Ny

    There are several classifications of individuals that are not covered by workers compensation in New York that you must be aware of when purchasing workers comp insurance :

  • Individuals who volunteer their services for nonprofit organizations and receive no compensation. Please note that compensation includes stipends, room and board, and other perks that have monetary value. Money used solely to offset expenses incurred while performing activities for the nonprofit is not counted as a stipend
  • Clergy and members of religious orders that are performing religious duties
  • Members of supervised amateur athletic activities operated on a nonprofit basis, provided that such members are not otherwise engaged or employed by any person, firm, or corporation participating in such athletic activity
  • People engaged in a teaching capacity in or for a nonprofit religious, charitable or educational institution. To be exempt, the teachers must only be performing teaching duties
  • People engaged in a non-manual capacity in or for a nonprofit religious, charitable or educational institution under the IRS tax code. Manual labor includes but is not limited to such tasks as filing carrying materials such as pamphlets, binders, or books cleaning such as dusting or vacuuming playing musical instruments moving furniture shoveling snow mowing lawns and construction of any sort
  • Certain employees of foreign governments and Native American Nations
  • The Cost Of Noncompliance

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    Given the importance of having workers compensation coverage, states dont look kindly on employers who ignore their rules. Most states impose hefty fines for noncompliance and civil or criminal penalties. Many states also have the statutory power to shut your business down until you begin offering full workers comp protection to your employees.

    Unless youre looking to pay a big fine and potentially have your business closed indefinitely its best to pay close attention to your states laws for workers comp insurance.

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    Who Administers Workers’ Comp Insurance In New York

    The New York Workers’ Compensation Board is the primary state agency that handles workers’ comp claims. Most of the law for WC insurance is contained in New York’s Workers’ Compensation Law. In addition to the Act, there are also administrative regulations that cover workers’ compensation in New York.

    New Yorks Domestic Workers Bill Of Rights Takes Effect

    On November 29, 2010, New Yorks Domestic Workers’ Bill of Rights law becomes effective. Signed into law on August 31, 2010, by Governor David Patterson, this legislation affords substantive labor protections to certain categories of domestic workers, making New York the first state in the nation to do so. This landmark legislation amends the New York Labor Law, New York State Human Rights Law, and the New York Workers Compensation Law extending certain rights, benefits, and protections to domestic workers, guaranteeing those who come within its coverage overtime pay at time and one-half their regular hourly rate for hours worked in excess of forty in a week, or forty-four hours in the case of live-in domestic workers one day of rest every seven days or overtime pay in lieu of the day off if the employee works seven days that week and three paid days off annually after one year of service. It also extends statutory disability benefits under the New York Workers’ Compensation Law to domestic workers to the same degree as other workers. Finally, the new law amends the New York Human Rights Law removing the domestic workers exemption and providing such workers a right to sue for sexual harassment, as well as harassment on the basis of race, religion, gender and/or national origin.

    Who Is a Domestic Worker?

    Summary of Specific Provisions:

    Eight-Hour Workday. Labor Law § 160 is amended to provide an eight hour workday for all covered domestic workers.

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    Domestic Workers Bill Of Rights

    New York was the first state to pass a Domestic Workers Bill of Rights, which covers full-time workers including immigrants regardless of their immigration status. New Yorks Domestic Workers Bill of Rights requires employers to provide:

    • Pay rate of at least minimum wage and overtime at time and a half
    • At least three paid days off after one year of employment with the same employer
    • One day of rest must be provided each week
    • Unemployment insurance for employees who are paid more than $500 per calendar quarter
    • Workers compensation for full-time workers
    • Disability insurance for non-work-related injuries and illnesses including pregnancy
    • Weekly payday
    • Pay stub that includes the number of hours worked, gross pay, and any deductions for taxes or other money taken out of their pay

    The Domestic Workers Bill of Rights also extends the states human rights law to household workers.

    Qualify For Lower Workers’ Compensation Rates

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    Is Taking Comp Time Ever Allowed In New York

    There are situations when you might prefer to have time off instead of earning overtime pay and you and your employer may come to an agreement on how to make that happen without violating overtime and other employment-related legislation. For example, we often see successful comp time arrangements in government agencies who have worked out agreements with union representatives. Your private employer may be willing to rearrange your schedule to legally accommodate some form of comp time arrangement. However, the rules regarding these arrangements are quite complicated and sometimes confusing. It is difficult to create one that does not violate the overtime law.

    Unfortunately, most workers in New York do not have much control over their hours, pay or job duties. It is important for you to know that you cannot be forced to take comp time in lieu of overtime if you are otherwise eligible for overtime pay. If your employee is forcing you to do so, you may want to think about filing a claim.

    Contact New York Overtime And Compensatory Time Attorneys To File A Claim

    If you think your employer owes you overtime wages or has forced you to take comp time instead of overtime pay, you may want to speak with the experienced New York City comp time attorneys at Leeds Brown. We handle a full range of employment law cases with a hands-on, team based approach. We understand the complex laws and regulations that govern overtime pay, comp time, minimum wage and other employment-related issues facing New York workers like you.

    Our lawyers will review your situation and passionately advocate on your behalf to ensure that you receive the proper compensation you deserve. Contact New York overtime lawyers at 1-800-585-4658 today.

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    How Does Workers’ Comp Work In New York

    New York can be a difficult state for employers and business owners. The state is known for levying penalties for any non-compliance and the State Insurance Fund has a disproportionately high percentage of all workers’ comp policies in the state. Many insurance companies do not like the regulatory environment in the state. Aside from the fact that NYS has unusual requirements such as employer paid disability coverage attached to every workers’ comp policy, the state also has very complicated coverage requirmennts and owner exclsuion requirements for business owners.

    New York employers are advised to work with insurance agencies in order to get workers’ compensation quotes from a minimum of 3 insurance companies to help ensure they find the most competitive rates for their business. Give us a call at to see how we can help lower the cost of coverage with private insurance comapnies.

    New York Workmans Comp Coverage You Need

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    Interested in learning more about how EMPLOYERS can help your New York business? Request a quote for workers compensation insurance from EMPLOYERS!

    Thousands of small businesses trust EMPLOYERS for providing cost-effective workers compensation insurance for over a century. With our competitive pricing, financial stability and dependability, claims service, safety training and loss control programs, EMPLOYERS remains focused on keeping Americas small businesses not only working, but working safely.

    1. Small Business Statistics, New York Small Business Development Center, 2015, www.nyssbdc.org/resources/smallbizstats.html .

    2. Centennial, New York State Workers Compensation Board, 2014, www.wcb.ny.gov/WCB_Centenial_Booklet.pdf.

    3. Workers Compensation Coverage, New York State Workers Compensation Board, 2015, www.wcb.ny.gov/content/main/onthejob/CoverageSituations/nonprofit.jsp

    In New York, insurance is offered through Employers Compensation Insurance Company, Employers Assurance Company and Employers Preferred Insurance Company. Not all insurers do business in all jurisdictions.

    New York – Find a Pharmacy

    EMPLOYERS has contracted with the OPTUM Pharmacy Benefit Manager, formerly known as CYPRESS CARE, to provide prescription medications to injured workers. All prescriptions for workers’ compensation-related medications must be filled through the OPTUM Pharmacy Benefit Manager , with limited exceptions.

    New York – Find a Medical Provider

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    New York Workers Compensation Law For Death Benefits

    When a person dies as a result of a work-related injury or illness, their dependents are entitled to receive workers compensation death benefits.

    New York classifies a spouse and minor children as primary dependents. The surviving spouse would usually receive benefits for the remainder of their life, unless they remarry. If the spouse remarries, a lump sum equal to two years of benefits would be delivered. If there are no children, the spouse receives 66.67% of the deceased workers average weekly wage up to the statutory maximum.

    If there are surviving children, the rate remains the same but the benefits are divided so that 36.6% of the weekly rate is given to the spouse, and the children equally split the remaining 30%. Childrens benefits end when they reach 18 years old, or 23 years old if they are full-time students. If there is not a surviving spouse or children, benefits could be awarded to the deceased workers parents or estate.

    As part of workers compensation death benefits, New York also provides assistance for funeral expenses. However, the amount of funeral expense benefits in New York vary depending on where the deceased was a paid worker. For example, in the counties of the Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, and Westchester, New York assists with funeral expenses up to $12,500.

    Learn The Basics About Workers Compensation Insurance Coverage And Claims For A New York Business Owner

    By David M. Steingold, Contributing Author

    Most New York businesses with employees are required to pay for workers’ compensation insurance . The insurance provides compensation to employees who suffer work-related injuries. Here are some basic facts that you need to know about workers’ comp insurance in New York as a business owner and employer.

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