Workers Compensation in New York

The Workers Compensation in New York insurance program is managed by the state’s Workers’ Compensation Board. According to New York State Government’s Workers’ Compensation website, Workers’ Compensation is described as a workers’ insurance scheme that provides workers injured or taken in during the course of their work with monetary and, when necessary, medical care.

How Does Workers Compensation Work?

Employers are, mandated to pay for the insurance premiums and cannot ask their employees to pay any part of it. In case a worker is injured or taken in as a direct result of his or her job, then he or she needs to file a Workers Compensation Insurance claim, which is processed by the New York State’s Workers Compensation Board. The Board is also in charge of directing how the cash benefits and medical care are disbursed to the claimants by the insurance agency. In case the Board needs to intervene, it will decide whether the insurance carrier needs to reimburse the claimant for cash benefits and/or medical care.

When is a Claim honored?

While there is no blame assigned in a Workers Compensation case, the claim is only paid out if the employer and the insurer agree that the injury or the illness is directly attributable to the person’s work. There are two ways in which the claim will not be honored–

• If the employee’s injury or illness is a direct result of being intoxicated with drugs and/or alcohol, or if he or she purposely tried to hurt him/herself or others.

• If the employer and/or the insurance company dispute the claim and aver that the injury or illness was not caused due to the employee’s work.

The total payout will not be affected by blame; this means, even if the employee was careless or the employer was, the amount of the claim will stay the same. For a more detailed explanation about how Workers’ Compensation is calculated, you can go and check FAQs about Workers Compensation.

Workers Compensation Laws for Employers in NY

According to New York Workers’ Compensation Board’s Compliance Policy for Employers, the following are the laws all employers have to comply with:

• All businesses and employers must obtain and maintain a workers compensation insurance policy.

• All independent or freelance workers must obtain self-insurance for their own compensation

• In certain cases where businesses/employers are not covering their employees with Workers’ Compensation, then they must have legal proof of exemption from the insurance.

• There are certain situations where for-profit businesses are exempt from providing Workers’ Compensation
  • The business has no employees
  • The business is a partnership and the partners have no employees
  • The business is a 1 or 2 person corporation with no employees

• The company/employer is by law required to post a Notice of Compliance under the Workers’ Compensation Law (the C-105 form). The form needs to be displayed prominently in the place of business and any violation of this policy can lead to a fine of up to $250.