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xAttention Unemployment Insurance (UI) claimants: New York Business Express and the NYS100 registration application is only for New York State employers to use to register for UI coverage for their employees. To file a personal claim for UI, you must go online to www.labor.ny.gov/signin . Read more about how to file a claim and see a step-by-step guide to online filing.

NYS Workers' Compensation Insurance

This document describes workers' compensation insurance.

	
		

Overview

The NYS Workers' Compensation Law requires employers to obtain and keep in effect workers' compensation coverage for all employees, including day laborers, leased employees, borrowed employees, part-time employees and family members (paid or unpaid). NYS Workers' Compensation Law also requires that a business produce proof of workers' compensation coverage to a state or municipal agency when it seeks to obtain a permit to do business. Employers meet this obligation by obtaining and maintaining a workers' compensation insurance policy with a private insurance carrier or the NYS Insurance Fund; being self-insured; or being legally exempt from having to obtain workers' compensation coverage. There are limited situations where businesses are exempt from providing workers' compensation coverage. The principles of workers' compensation laws are similar throughout the United States, but each state has unique laws with different benefits.

The workers' compensation system is based on no-fault. Employees are entitled to workers' compensation benefits for job-related injuries or illnesses without regard to fault as a cause of the injury. In turn, if a workers' compensation policy is in place, employees cannot sue employers for a work-related injury or illness in most cases. The type of business and total payroll determines the business' workers' compensation rate.

PLEASE NOTE:

A Certificate of Workers Compensation (C-105.2) proves that you are covered by a New York State workers' compensation insurance policy. These certificates are issued by your NYS workers compensation insurance carrier and may be requested by any government entity who issues a license, permit or contract outside of the New York Business Express. The NYS Insurance Fund provides its own version, form U-26.3.

Prerequisites

1. Agency: Labor, Department of; Permit: Employer Registration for Unemployment Insurance, Withholding and Wage Reporting
2. Agency: U.S. Department of Treasury; Permit: Employer Identification Number (FEIN)
3. The NYS Workers' Compensation Board's primary identification for your business is your Federal Employee Identification Number or FEIN #. Most NYS insurance carriers require this FEIN # to obtain or modify your workers' compensation coverage.

How to Apply

1. Private Insurance Carrier: purchase a workers' compensation insurance policy from a NYS licensed insurance carrier. The yellow pages of your telephone directory list insurance brokers/companies that specialize in disability benefits coverage.

2. NYS Insurance Fund: purchase a workers' compensation insurance policy from the NYS Insurance Fund. The NYS Insurance Fund is a quasi-public insurance carrier in New York that provides insurance to any employer in the state, without regard to experience or size. Contact the NYS Insurance Fund at Document Control Center - New Business, 1 Watervliet Avenue Extension, Albany, NY 12206; by telephone at 1-888-875-5790; or visit their website at www.nysif.com.

3. Self-Insurance: the Workers' Compensation Board can authorize employers as self-insured workers' compensation and disability benefits employers (generally, only very large corporations have the financial ability to become self-insured). For information on becoming self-insured contact the Self-Insurance Office of the NYS Workers' Compensation Board at (518) 402-0247.

4. Group Self-Insurance: businesses may become part of a group self-insurance plan authorized by the Workers' Compensation Board. For information on group self-insurance contact the Self-Insurance Office of the NYS Workers' Compensation Board at (518) 402-0247.

Additional Info

1.  Effective September 2007, NYS Workers' Compensation Law requires all out-of-state employers with employees working in New York to carry a full workers' compensation insurance policy.

2. The Workers' Compensation Board's publication, 'Employers' Handbook on Workers' Compensation' gives detailed information on employer requirements and is available on their website.

3. Employers must display Notice of Compliance with Workers Compensation Law (C-105) to inform employees about the employer’s workers’ compensation carrier and how to file a claim.

For additional information/Sponsor Agency:

Workers' Compensation Board

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