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Glossary of WCB Terms

Out-of-State Employers Working in New York State


Disability Benefits Coverage Requirements

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. If an out-of-state employer meets this criterion, the employer is required to carry a New York State disability benefits insurance policy. (The employer has four weeks from the completion of the 30th day of work by one or more individuals to obtain the disability benefits policy.)

It may be appropriate to check the Yellow Pages, contact your insurance broker, carrier or agent, check with your trade association, or conduct other additional research to find the most appropriate insurance coverage for your company. In addition, a workers’ compensation policy may be obtained from the State Insurance FundLink to External Website by calling 1-888-875-5790 and a disability benefits insurance policy be obtained from the State Insurance FundLink to External Website by calling 1-866-697-4332.

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:

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.)