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Workers’ Compensation Board

WCB Information Related To Novel Coronavirus (COVID-19)

Homeowners Workers' Compensation Insurance Rider

Section 3420 (j) of the New York State Insurance Law states:

Please note that the workers' compensation insurance rider of a homeowner's insurance policy does not cover any domestic employees for workers' compensation benefits nor does it cover people working for home-based businesses.

Further, if a homeowner has live-in or full time domestics, or wishes to voluntarily cover domestics working less than 40 hours per week, the homeowner MUST purchase a separate, standard workers' compensation insurance policy to cover those individuals.

Contractors that are deemed employees under the WCL and working a total of less than 40 hours a week in or around a one, two, three or four family owner occupied residence would be covered by the workers' compensation insurance rider. This is total hours for the employment – for example four individuals working 10 hours per week is equal to 40 hours. Any such employment that equals or exceeds 40 hours per week is not covered by the homeowner's insurance rider.

Please note that contractors performing minor repairs or painting in or around a one family owner occupied residence are not employees under the WCL.

Construction of a new home is never covered by the homeowner's workers' compensation insurance rider. A new home has not yet received a certificate of occupancy (CO), therefore it is not owner occupied and is not covered by the rider.