Out-of-State Companies Working in New York State

Disability Benefits Insurance Requirements

Please note: New York State statutory disability benefits (DB) insurance coverage is totally different from and is not included in New York State workers' compensation insurance coverage. Statutory New York State disability benefits insurance covers employees for an off-the-job accident, injury or illness and pays half an employee's weekly wage, up to $170 per week, for up to 26 weeks.

An out-of-state employer needs a New York State disability benefits insurance policy if the employer employs one or more individuals on each of at least 30 days in a calendar year in New York State.

Disability Benefits Restriction on Issuance of Government Issued Permits, Licenses and Contracts

To assist state and municipal entities in enforcing Sec. 220 Subd. 8 of the New York State Disability Benefits Law, out-of-state businesses requesting permits, licenses or seeking to enter into contracts must provide one of the following forms to the government entity issuing the permit, license or entering into a contract:

• Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage (CE-200); or
• Certificate of NYS Disability Benefits Insurance (DB-120.1) (the business' disability benefits carrier will send this form to the government entity upon request)
• Certificate of NYS Disability Benefits Self-Insurance. (DB-155) (businesses that are self-insured in NYS for disability benefits insurance should call the Workers' Compensation Board's Self-Insurance Office at (518) 402-0247 to obtain this form.)

To be eligible for a disability benefits exemption using Form CE-200, an out-of-state employer must not have one or more individuals working on each of at least 30 days in a calendar year in New York. (Independent contractors are not considered to be employees under the Disability Benefits Law.)

If you have any additional questions regarding workers' compensation coverage requirements, please call the Bureau of Compliance at (866) 298-7830