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Workers' Compensation Board

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Out-of-state Employers with Employees JUST LIVING in New York State


Many businesses whose only locations are outside New York State have employees working for them who live in New York State. These employees, who are NY residents, commute to work to their employer's out-of-state business locations. Out-of-state employers having employees that just live in New York State and commute to work at a company location outside New York State are not required to carry New York State workers' compensation insurance as long as those employees living in New York do not do any work for their employer's business in New York State. To be exempt, the employees just living in New York State must also not receive any direction and control in their homes from their out-of-state employer.