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Workers’ Compensation Board

Farms


Workers' compensation insurance is not required for farms that have less than $1,200 of payroll in the preceding calendar year. Coverage must be obtained effective April 1st of the year immediately following the year where the farm had $1,200 of payroll.

The spouse and minor children (under 18 years old) of a farmer are NOT counted as employees under the WCL as long as they are NOT under an express contract of hire.

If a farm labor contractor recruits or supplies farm laborers for work on a farm, such farm laborers are generally deemed employees of the farmer.


Note: On July 17, 2019, Governor Cuomo signed the Farm Workers Bill into lawLink to External Website, which removes the $1,200 threshold for farms required to have workers' compensation coverage and requires employers to post the required workers' compensation notice of compliance poster for workers in both English and Spanish. Additionally, it extends disability and Paid Family Leave benefits coverage to eligible farm laborers. The new law takes effect January 1, 2020. For more information and resources, please see our online Toolkit for Farm Employers, Owners and Operators.