New York State workers' compensation insurance: Your ultimate resource
Everything to know about workers’ compensation for
New York
businesses
What does workers’ compensation cover?
A standard workers’ comp policy covers four primary areas: medical expenses, lost wages, employer liability and ongoing rehabilitation. EverPeak policies ensure your crew gets the care they need to return to work safely while protecting your business from the costs of workplace accidents.
Medical care
Coverage for the necessary treatment resulting from a work-related injury or illness.
Lost wages
Partial pay for employees unable to work while recovering from an injury.
Legal protection
Financial support for your business if an employee files a lawsuit related to an accident.
Ongoing care
Rehabilitation and training to support employees re-enter the workforce, and ongoing benefits for permanent injuries.
Death benefits
Financial support for the families.
What are
New York
's workers' comp laws?
The Empire State is famously known for being one of the most populous states in America. From the bustling crowds and attractions of the Big Apple to the mountain towns and small businesses in the Adirondacks, New York is home to businesses of all shapes and sizes.
With a diverse and robust economy, New York State offers countless opportunities for businesses to thrive. Protecting your company and employees with workers' compensation insurance is essential to ensuring the well-being of your workforce and the longevity of your business in the great state of New York.
Here’s everything you need to know about New York workers’ compensation.
What is workers' compensation?
In New York, workers' compensation is a state-mandated insurance program for almost all employers. Coverage provides medical and financial protection for employees who suffer work-related injuries or illnesses.
Without workers’ compensation, the cost of an injured employee’s medical treatment could become the responsibility of your business.
New York State workers' compensation laws
The New York Workers Compensation Board administers the workers’ comp law in the state. The law requires employers with one or more employees to be covered by an active workers’ compensation insurance policy.
New York businesses can get workers’ comp coverage through:
In New York, workers' compensation cases are "no-fault," which means that the amount a claimant receives cannot be reduced due to their own negligence, nor can it be increased due to their employer's fault.
Employees can verify online if their employer has coverage.
New York State Workers’ Compensation Board
Five major players are responsible for governing New York State’s workers’ compensation system.
The primary is the New York State Workers’ Compensation Board. The board oversees claims settlements and ensures businesses protect their employees by having active workers’ compensation coverage.
To operate effectively in such a state with such a large population, the board has nine district offices across New York:
The other four players are:
Who is covered and exempt from
New York
workers' comp?
Who is covered?
Policies include protection for all employees. In New York State, this includes:
- Part-time
- Full-time
- Temporary
- Seasonal
- Casual/ Day Labor
- Leased
- Borrowed
- Unpaid — including volunteers and family members
These employees are legally required to be covered with workers’ comp by their employer.
The following are exempt from workers’ comp if they have no employees:
- Sole proprietors
- A partnership under the laws of New York State
- LLCs and LLPs
- A one- or two-person-owned company with those individuals owning all the stock and holding offices of the corporation.
There are also certain exemptions for non-profits in New York State. Non-profit organization exemptions include:
- Clergy and members of religious orders performing religious duties
- Members of supervised amateur athletic activities operated on a nonprofit basis
- People engaged in a teaching capacity for a nonprofit institution
- People receiving charitable aid from a religious or charitable institution who performed work in return for the aid
- People involved in a non-manual capacity for a nonprofit institution
- Compensated executive officers of a nonprofit corporation or unincorporated association
Covered injuries and illnesses
Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases developed over time due to job conditions.
Benefits provided
New York workers’ comp insurance provides three types of benefits for work injuries:
- Medical benefits
- Lost wages
- Death benefits
- Medical treatment for work-related accidents, injuries and/or illnesses
- Temporary disability benefits
- Permanent disability benefits
- Death benefits
New York workers’ compensation rates
Depending on the year an employee was injured, they will be eligible for a weekly benefit rate up to a maximum amount. Each year’s amount does not increase if new maximum benefits become adopted into law.
How much does workers’ comp cost in
New York
?
How do you file a workers’ compensation claim in
New York
?
Filing a workers' compensation claim
In the event of a work-related injury or illness:
Step 1: Employee reports injury to employer
Employees in New York should report their injury to their employer immediately. Their employer has ten days to report the injury to their workers’ compensation insurance provider.
Step 2: Seek medical care
The employee should immediately seek medical attention.
Step 3: Receive benefits
If an employer’s insurance provider accepts the claim, the worker may begin receiving benefits to cover medical expenses and lost wages.
Step 4: Return to work/permanent disability benefits
Following their recovery, a worker is expected to resume work safely. If a work injury has left an injured employee unable to do any type of work, the employee might be entitled to permanent disability benefits.
Choosing a healthcare provider
Employees can choose their doctor for work-related injuries in New York — but there are a few restrictions.
For any non-life-threatening medical treatment, the injured worker must check if their employer uses a Preferred Provider Organization (PPO) to cover their employees’ medical care. If they do, the injured worker must seek treatment with one of the PPO specialists within 30 days.
Once the 30-day period is over, the employee can switch doctors as long as they’re certified by the state’s Workers’ Compensation Board.
Compensation for missed work
Employees are entitled to a portion of their lost wages if their injury or illness affects them in one or both of the following ways:
- Keeps them from working for more than seven days.
- Their pay is reduced because they are now working fewer hours or doing other work.
Lost wage benefits are not paid for the first seven days of the disability unless the period of missed work extends beyond 14 days. After 14 days, employees can receive lost wage benefits for all the time they were unable to work.
Resolving disputes
Injured workers who disagree with the outcome of their claim can file an appeal with the New York Workers Compensation Board.
How to get workers' compensation
Insurance requirements for employers
Unless exempt, employers in New York must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.
Choosing the right insurance provider
When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.
We recommend requesting multiple quotes and comparing the offerings before making a decision.
Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.
FAQs
Enforcing safety protocols, providing proper employee training, maintaining a clean and hazard-free work environment, and regularly reviewing safety practices can significantly reduce workplace injuries.
Your premium is primarily determined by your industry payroll classifications, geographic location and total annual payroll. Your business’s safety history can also play a major role in determining your final rate. Three key factors influence your base insurance rate:
- Industry classification codes: Higher-hazard trades naturally carry higher baseline rates.
- Geographic location: Rates and statutory benefit structures fluctuate heavily by state lines.
- Historical safety record: Maintaining an accident-free workplace lowers your Experience Modification Rate (E-mod), resulting in built-in premium discounts.
Most states require businesses with employees to carry workers’ compensation insurance to stay compliant. Requirements vary by location, but having coverage ensures your business is protected and your team has access to benefits if an injury occurs.
Employees can verify online if their employer has coverage through the state’s online search tool.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensures the necessary steps are taken to initiate the workers' compensation claims process.
Whether you need coverage for contractors depends entirely on your state’s specific regulatory definitions and formal worker classification tests. Since misclassification regulations are highly complex and can lead to severe audits or stop-work orders, it’s vital to ensure your entire labor force is properly verified and protected based on the actual day-to-day work they do.
Learn more: Do independent contractors need workers’ compensation?
In most cases, employees in Virginia are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.
In Virginia, employers who fail to procure or sustain the appropriate workers' compensation coverage for their employees may face civil fines of up to $250 per day of non-compliance. Failure to adhere to this requirement can reach a maximum of $50,000 in fines.
Workers’ compensation is a form of insurance that benefits employers and employees in the case of a work-related injury or illness.
Why choose EverPeak for workers’ comp coverage?
EverPeak protects the hardest-working businesses in (state) with simple, reliable workers’ comp starting as low as $18 a month. Backed by over a century of specialized experience, customers get multi-state coverage, fast and easy claims support, and a vast network of brokers.