Workers' Compensation Coverage
Business Permits/Licenses/Contracts and the Workers' Compensation Law
- Prove It to Move It Program - WC & DB proof requirements for gov't permits, licenses or contracts.
- Restriction on Issue of Permits and the Entering of Contracts Unless Compensation Is Secured
- Out-of-State Companies Working in New York State
- WC/DB Exemptions
- Debarment Lists
- Stop-Work Orders
WCL §57 and §220 require the heads of all municipal and State entities to ensure that businesses applying for permits, licenses or contracts have appropriate workers' compensation and disability benefits insurance coverages. This requirement applies to both original issuances and renewals, and also applies whether the governmental agency is having the work done or is simply issuing the permit, license or contract.
Ensuring that businesses receiving permits, licenses or contracts from municipal and State agencies, comply with the WCL protects both injured workers and employers. In addition, such oversight helps to level the playing field, by strictly enforcing the requirement that all businesses maintain mandatory insurance coverages. Municipal and State agency cooperation in enforcing WCL §57 and §220 is a critical component of encouraging business compliance.
WCL §57 — Restriction on Issue of Permits and the Entering of Contracts Unless Compensation Is Secured
§57 of the WCL requires the heads of all State and municipal entities, prior to issuing any permits, licenses or entering into contracts, to ensure that businesses applying for those permits, licenses or entering into contracts have appropriate workers' compensation insurance coverage.
(Please note: ACORD forms are NOT acceptable proof of New York State workers' compensation coverage under WCL §57.)
To comply with coverage provisions of the WCL, businesses must:
- Be legally exempt from the requirement to provide workers' compensation insurance coverage;
- Obtain such coverage from an insurance carrier; or
- Be self-insured.
To assist state and municipal entities in enforcing WCL §57, businesses requesting permits, licenses or seeking to enter into contracts must provide ONE of the following forms to the entity issuing the permit or entering into a contract:
- Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage (CE-200); or
- Certificate of Workers' Compensation Insurance (C-105.2) (the business' insurance carrier will send this form to the government entity upon request) Please Note: The State Insurance Fund provides its own version of this form, the U-26.3; or
- Certificate of Worker's Compensation Self-Insurance (SI-12) (the business calls the Board's Self- Insurance Office at 518-402-0247); or
- Certificate of Group Worker's Compensation Self-Insurance (GSI-105.2) (the business' Group Self- Insurance Administrator will send this form to the government entity upon request).
The certificate of exemption, Form CE-200 must only be used to show a government agency that the business is not required to obtain New York State workers' compensation and/or disability benefits insurance. Form CE-200 may not be used to "prove exemption" from workers' compensation and/or disability benefits insurance to another business or that business's insurance carrier.
Please call the Bureau of Compliance at (518) 486-6307 with any general questions regarding WCL §57 Workers' Compensation Law.
Businesses that are unsure as to whether they are required to obtain a New York State workers' compensation insurance policy should call the Workers' Compensation Board, Bureau of Compliance at 1-866-298-7830.