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Workers' Compensation Board

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Voluntary Coverage (WCL §212)

Generally speaking, voluntary coverage may be obtained for compensated employees in New York State employments for whom disability benefits are not required by law with a few exceptions (i.e. members of an LLC or LLP, and sole proprietors).

Employers who wish to provide voluntary coverage must complete an application for voluntary coverage (DB-135 or DB-136). Once approved, the employer is a covered employer subject to the provisions of the DBL.

If an employer wishes to discontinue voluntary coverage, they must provide ninety (90) days written notice to the Chair and to the employees, with provisions made for the payment of obligations incurred on and prior to the effective termination date. Voluntary coverage must be maintained for not less than one year. Voluntary coverage may be provided for: