Workers Compensation Insurance In New York

by ECL Writer
Workers' Rights NYC

When employees are injured or become ill while on the job, they may be entitled to workers’ compensation benefits to help cover the costs of medical treatment and lost wages. In New York, workers’ compensation insurance is mandatory for most employers, and it provides important protections for both employees and employers. In this article, will take a closer look at workers’ compensation insurance in New York, including what it is, who is covered, and how to file a claim. We will also explore some of the key benefits of workers’ compensation insurance and provide tips for choosing a policy that best meets your needs as an employer or employee.

Owning a firm in New York, a state with a booming economy and intense competition is a difficult job. However, to safeguard your bottom line, you’ll need more than just your exceptional business acumen. Workers’ compensation insurance can shield you from liability while also assisting in the protection of your most valuable asset—your workforce.

What Is Workers Compensation Insurance In New York

Workers’ compensation in New York is characterized as a system of commercial insurance that shields employers from responsibility for on-the-job injuries or illnesses and offers the following advantages to the employer and/or the injured or ill employee:

  • Legal representation for the employer in the event of a lawsuit related to workplace injury or illness
  • Payment of medical services needed to treat the employee’s job injury or illness
  • Temporary payments to the employee to help replace lost wages
  • Disability payments to the employee to compensate for the permanent effects of the injury
  • Death benefits for the employee’s surviving dependents in the event of a fatal injury

Is Worker’s Compensation Insurance Required In New York?

Yes, workers’ compensation insurance is required in New York for most employers. The law requires employers to provide workers’ compensation coverage to employees in case they are injured or become ill as a result of their work. This includes full-time, part-time, and seasonal employees, as well as minors and undocumented workers.

Under the New York Workers’ Compensation Law, employers must provide benefits to injured employees that cover medical expenses, lost wages, and other related costs. The coverage also extends to employees who develop occupational diseases or illnesses related to their job.

Employers can obtain workers’ compensation insurance through private insurance carriers authorized by the state or through the New York State Insurance Fund. The insurance must meet minimum coverage requirements and employers must display the workers’ compensation notice in the workplace.

Failure to provide workers’ compensation coverage can result in penalties and fines, and injured employees may be able to sue their employer for damages. Employers can also face civil and criminal charges for failing to provide workers’ compensation coverage.

There are some exemptions to the requirement to provide workers’ compensation coverage, such as for sole proprietors or partnerships without employees, but it is generally required for most employers in New York. It is important for employers to understand their obligations under the law and ensure they are in compliance to protect their employees and their business.

Who Needs Workers’ Compensation Insurance in New York?

Nearly all employers in the state of New York, including all for-profit companies and the majority of non-profit organizations, are required to offer their employees workers’ compensation coverage. According to New York state, a person who “performs under the supervision, direction, and control of an employer either on or off their premises” is considered to be an eligible employee. Employees who qualify include:

  • Workers in all employment positions conducted for-profit, including part-time employees, borrowed employees, leased employees, temporary employees, seasonal employees, family members, and volunteers working for a for-profit business
  • Employees of counties and municipalities engaged in work defined by the law as “hazardous”
  • Public school teachers, excluding those employed by New York City, and public school aides, including New York City
  • Employees of the State of New York, including some volunteer workers
  • Domestic workers employed 40 or more hours per week by the same employer, including full-time sitters or companions, and live-in maids
  • Farmworkers
  • Any other worker determined by the Board to be an employee and not specifically excluded from coverage under the Workers’ Compensation Law (WCL)
  • All corporate officers if the corporation has more than two officers and/or two stockholders
  • Officers of one- or two-person corporations if there are other individuals in employment. These officers may choose to exclude themselves from coverage.
  • Most workers who are compensated by a nonprofit organization

This insurance must be paid for by the employer; the employee cannot be made responsible for any portion of the premiums. All workers’ compensation claims are handled by the Workers’ Compensation Board, a state organization.

Workers’ compensation proceedings in New York are “no-fault” cases, which means that the amount that a claimant can receive for their claim cannot be enhanced by their employer’s wrongdoing or diminished by their own negligence. However, if the injury was brought on by deliberate actions, no workers’ compensation claims can be submitted. A notification of coverage must be posted in the workplace by employers as well.

What Does Workers’ Compensation Insurance Cover in New York?

Workers’ compensation insurance in New York covers a wide range of benefits for employees who are injured or become ill as a result of their work. The New York Workers’ Compensation Law requires that employers provide these benefits to their employees, which include medical expenses, lost wages, and other related costs. Here’s a closer look at what workers’ compensation insurance covers in New York.

  • Medical expenses: Workers’ compensation insurance covers all reasonable and necessary medical expenses related to an employee’s workplace injury or illness. This includes doctor’s visits, hospital stays, diagnostic tests, and prescription medications. In some cases, the insurance may also cover the cost of medical devices and equipment needed for recovery.
  • Disability payments: Workers’ compensation insurance provides disability payments to employees who are unable to work due to their injury or illness. The amount of these payments depends on the severity of the injury and the length of time the employee is unable to work. In general, employees are entitled to two-thirds of their average weekly wage, up to a maximum set by the state each year.
  • Rehabilitation expenses: If an employee requires rehabilitation services to recover from a workplace injury or illness, workers’ compensation insurance may cover these expenses. This can include physical therapy, occupational therapy, and other types of rehabilitation services.
  • Death benefits: If an employee dies as a result of a workplace injury or illness, workers’ compensation insurance provides death benefits to the employee’s dependents. This includes a burial allowance, as well as ongoing payments to help support the employee’s family.

It’s important to note that workers’ compensation insurance in New York does not cover non-economic damages, such as pain and suffering. It also does not cover intentional injuries or injuries caused by an employee’s own negligence.

In addition to these benefits, workers’ compensation insurance in New York also provides protection for employers. By providing these benefits to employees, employers are shielded from lawsuits related to workplace injuries or illnesses. This helps protect businesses from potentially costly legal fees and damages.

How Does Workers’ Comp Work In New York?

Employees are expected to report their employer as quickly as possible if they are hurt while working. They must be treated by a medical professional recognized by the state’s Workers’ Compensation Board unless it is an emergency. What actions should I do if an employee is hurt? maybe something you as an employer are considering. Employers are required to give employees the information they need to make a claim as soon as they are made aware of an incident. Employees should also make sure to stay in touch with the insurer while the claims process progresses. Check with your insurer to verify if the employee’s ailments fit the requirements of a workplace injury if you don’t think your employee’s workers’ compensation claim is legitimate.

Within ten days of the incident, the Workers’ Compensation Board and the insurer should be notified of any injuries other than minor ones. Payments usually begin within 18 days of the date the employee was hurt or ten days after the employer was informed of the injury, whichever comes first, once a claim is approved by the insurance carrier. A court will assess the case and decide what benefits if any, the employee would receive if the insurer contests the claim.

Who Pays For Worker’s Compensation In New York?

In New York, employers are responsible for providing workers’ compensation insurance coverage for their employees. The law requires that employers obtain workers’ compensation insurance through private insurance carriers authorized by the state or through the New York State Insurance Fund. Employers are responsible for paying the premiums for this insurance.

The cost of workers’ compensation insurance in New York varies depending on a number of factors, including the type of industry, the size of the business, and the level of risk associated with the work being performed. Employers can work with an insurance agent or broker to obtain the best rates and coverage for their business.

If an employee is injured or becomes ill as a result of their work, the workers’ compensation insurance coverage provides benefits to the employee, such as medical expenses, lost wages, and other related costs. These benefits are paid by the insurance company, not by the employer directly.

Employers may be required to pay a penalty or face other consequences if they fail to provide workers’ compensation insurance coverage to their employees. In addition, injured employees may have the right to sue their employer for damages if workers’ compensation insurance is not in place.

What Is The Penalty For Not Having Worker’s Compensation In New York?

Workers’ compensation infractions are extremely serious in New York. The Board will mail a notification requesting proof of coverage from the business if it doesn’t have it after a predetermined amount of time. The Board will mail a penalty notice if a business is in violation of the WCL and fails to furnish the required paperwork.

In New York, fines for noncompliance can reach $2,000 for every 10 days without insurance. By the time the employer receives the first penalty notice, their fine may already be over $12,000 in most cases. Additionally, there are both criminal and civil fines that may be imposed.

How long do workers comp last in NY?

The length of time you can stay out on workers’ compensation will range from 225 to 525 weeks. However, the number of weeks and amount of money you can collect from workers’ comp for your work-related injury each week will vary, depending upon your individual circumstances.

What Types of Injuries Are Covered by New York Workers’ Comp?

While specific sorts of injuries covered by workers’ compensation insurance are governed by New York state law, there are some basic criteria that might help employers understand what normally constitutes a workers’ compensation claim.

The types of injuries typically covered by workers’ comp are:

  • Injuries that are not the result of intentional self-harm or harm from drug use, alcohol use, or fighting
  • Injuries that fall within the general “course and scope” of the worker’s employment, such as long-term occupational injuries, including back strain from repetitive motion

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

Many factors unique to your business will be utilized to determine your exact workers’ compensation insurance premiums.

Some of these factors include:

  • The location of your business
  • The size of your business and the number of employees you have
  • The industry in which your business operates
  • The class codes that apply to your business
  • Your business’s workers’ comp claims history

Businesses can potentially decrease costs in New York by following the steps as outlined by the New York state website. Additionally, you can be proactive by prioritizing risk mitigation techniques. Insurance providers look highly upon businesses that take workplace safety seriously when calculating workers’ comp premium rates. Steps like enacting employee training sessions, following industry best practices, and creating safety protocols could possibly help lower your insurance premiums.

How Do I Get Workers’ Comp for My New York Business?

If you are a New York business owner, you are required to carry workers’ compensation insurance to protect your employees in case of work-related injuries or illnesses. Here are the steps to get workers’ compensation for your New York business:

  • Obtain workers’ compensation insurance from an authorized insurer or obtain approval to self-insure.
  • Display a workers’ compensation notice in a conspicuous place in the workplace, which informs employees of their rights and responsibilities in case of work-related injuries or illnesses.
  • Notify your workers’ compensation insurance carrier immediately if an employee is injured or becomes ill due to a work-related incident.
  • Provide the injured employee with a Workers’ Compensation Claim Form (Form C-3) and file a First Report of Injury or Illness (Form C-2) with the Workers’ Compensation Board within 10 days of the incident.

It’s important to note that failing to obtain workers’ compensation insurance or provide the necessary forms and notices to employees can result in serious penalties, including fines and criminal charges. It’s best to consult with an experienced workers’ compensation attorney to ensure compliance with all New York workers’ compensation laws and regulations.

This blog is ONLY for informational or educational purposes and DOES NOT substitute professional legal advise. We take no responsibility or credit for what you do with this info.