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Glossary of WCB Terms

Response to Insurance Compliance
Employer Notice — Help


The New York State Workers' Compensation Law requires that employers provide Workers' Compensation coverage for their employees, with limited exceptions.

Employers receive Workers' Compensation Employer Inquiry Notices when the NYS Workers' Compensation Board, Bureau of Compliance has no record of coverage for a business for the period identified on the notice. Employer Inquiry Notices are also sent out when carriers advise the Board that coverage has been cancelled.

Responding to a Workers' Compensation Employer Inquiry Notice provides the employer with an opportunity to:

  • correct business name and address information, if needed
  • provide policy information
  • notify us of any change in business status

Please be advised that all information submitted by an employer is subject to review and/or verification from an insurance carrier if policy information is submitted.

Table of Contents

  1. Definitions
  2. FEIN/SSN Verification
  3. Policy Information
  4. Business Status Information
  5. Legal Entity Information
  6. Contact Information
  1. Definitions:
    • WCB Employer # -Located in the upper right hand corner of the Employer Inquiry Notice, the WCB Employer # is a unique identifying number assigned to each employer by the Workers' Compensation Board. This number can be found on all correspondence sent by the Bureau of Compliance.

    • NC Period # -The NC (non-compliance) Period # is also located in the upper right hand corner of the Employer Inquiry Notice just below the WCB Employer #.

      Response to Insurance Compliance Employer Notice with NC Period circled.

    • Period of Non-Compliance-A period of time in which the Board does not have workers' compensation coverage information and/or business status information for an employer.
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  2. FEIN/SSN Verification:
    • Fill in the Federal Tax ID (FEIN) or Social Security Number (SSN) only for the employer named in the Workers' Compensation Employer Inquiry Notice.
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  3. Policy Information:
    • If the employer named has or had Workers' Compensation insurance during all or part of the period for which information is requested, please provide this information. Do not submit: (1) a Disability Benefits policy, (2) a Workers' Compensation rider to a homeowners' policy or (3) an Employer's Liability Policy. All coverage information submitted will be confirmed by the carrier before being applied.
    • Please note: All policy information submitted to the Board is linked by FEIN/SSN. Please review your policy. If the name, FEIN or SSN listed on your policy does not match the information listed on this notice, please contact your carrier and have them submit a corrected "Proof of Coverage" transaction to the Board immediately.
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  4. Business Status Information:
    • If the employer named on the Employer Inquiry Notice did not have a policy, for all or part of the period for which information is requested, because the employer believed that they were not legally responsible to provide workers' compensation, please check all that apply.
    • Business has been replaced by a new business entity:
      Check this box if employer shown on the Workers' Compensation Employer Inquiry Notice is no longer operating under the name and FEIN and all employees have been transferred to a new legal entity name & FEIN. You will also need to provide the following information for the new legal entity:
      • Date employees transferred to the new legal entity:
        Enter the date all employees transferred to the new legal entity.
      • Employer FEIN or SSN:
        Enter the FEIN or SSN of the new legal entity.
      • Legal Entity Name:
        Enter the Legal Entity Name of the new business. The Legal Entity Name defines the business structure of an employer such as a sole proprietorship under the employer's name or a named partnership, corporation, LLC, LLP or other business structure deemed to be "an employer" under the Workers' Compensation Law.
      • Doing Business As Name:
        Enter the Doing Business As Name (DBA) or trading as (T/A) if applicable. Usually, a sole proprietor will have a (DBA) name.
      • Street:
        Enter the street address for the new legal entity.
      • City:
        Enter the City for the new legal entity.
      • State:
        Enter the State for the new legal entity.
      • Zip:
        Enter the Zip for the new legal entity.
      • Country:
        Enter the Country for the new legal entity.
    • No Employees other than:
      Check this box if no employees other than:
      • Sole Proprietor, Or
      • General Partners in a partnership, LLC or LLP, Or
      • One or two officers who own all of the stock of the corporation and hold all of the offices. Each officer must own at least one share of the stock of the corporation.
      • For example:
        Each corporate officer MUST each own at least one share of stock for this box to be selected.
        If there is a third party who owns any stock, then this box SHOULD NOT be selected.

      Please note: The spouse and children of the employer working for the business are considered employees for workers' compensation purposes.
    • Out of state employer with no NYS employees:
      Check this box if you are an out-of-state employer who:
      • Does NOT have a physical location within NYS AND
      • Does NOT have a payroll over $50,000 during a calendar year in NYS AND
      • Does NOT have one or more employees with a primary work location hired within NYS AND
      • Does NOT have employees working within NYS for more than 90 days during a calendar year.

      If any of these conditions exist, DO NOT select this box as you may be held to be an "employer" under the NYS Workers' Compensation Law.
    • No longer in business:
      Check this box if the employer is no longer operating and no longer has payroll. You must provide date employees last worked.
    • Business temporarily closed:
      Check this box if employer is/was temporarily closed. You must also provide exact dates the business was closed and opened or is expected to open.
    • Business never opened and never had payroll:
      Check this box if employer never opened and never had payroll. Do not select if the business had employees at any time even though the business never officially opened.
    • Seasonal business:
      Check this box if the business does not operate year-round. You must also provide the exact date business closed and opened or is expected to open.
      For example: An ice cream stand that has employees and is only open during the summer months.
    • Business does not yet have payroll:
      Check this box if employer has not yet opened and does not have any payroll. You must provide expected date of opening or the expected initial payroll date, if prior to opening.
      For example:
      Smith's Deli expects to open on May 1st; however, the employer had payroll since February 1st in order to stock shelves. In this example, the February 1st date would be used.
      A school lunch program contract is signed by the employer in June; however, no employees are hired until the school year commences on September 5th. In this example, the September 5th date would be used.
    • Domestic Worker:
      Check this box if the employee was a domestic worker who worked less than 40 hours per week. Domestic workers include chauffeurs, nannies, home health aides, au pairs, nurses, babysitters, maids, cooks, housekeepers, laundry workers, butlers, companions and gardeners working in a private household. Live-in domestics workers must be covered regardless of the number of hours worked.
    • None of the above apply:
      Check this box and explain the reason why a NYS Workers' Compensation policy was not secured. Please be advised that you may be contacted for additional information.
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  5. Legal Entity Information:
    • This section applies ONLY to the employer named on the Employer Inquiry Notice. If you have reported a legal entity change (for example, a sole proprietor changed to a corporation) to the New York State Department of Labor and the New York State Workers' Compensation Board has questions about the new entity, we will contact you separately.
    • Review the employer name and address at the top of the Employer Inquiry Notice. If any of the information is not correct, please update the information below.
      • Legal Entity Name
        Enter the Legal Entity Name of the company if the Board's information is incorrect. The Legal Entity Name defines the business structure of an employer such as a sole proprietorship under the employer's name or a named partnership, corporation, LLC, LLP or other business structure deemed to be "an employer" under the Workers' Compensation Law.
      • Doing Business As Name
        Enter the Doing Business As Name (DBA) or trading as (T/A) if applicable. Usually, a sole proprietor will have a (DBA) name.
      • Street
        Enter the street if the information displayed is not correct.
      • City
        Enter the City if the information displayed is not correct.
      • State:
        Enter the State if the information displayed is not correct.
      • Zip
        Enter the Zip if the information displayed is not correct.
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  6. Contact Information:
    • If you have questions regarding the Workers' Compensation Employer Inquiry Notice, please call (866) 298-7830.
    • Please return the signed, completed Workers' Compensation Employer Inquiry Notice including all pages to:

STATE OF NEW YORK
WORKERS' COMPENSATION BOARD
BUREAU OF COMPLIANCE
100 BROADWAY
ALBANY, NY 12241-0005

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