As part of the 2007 Workers' Compensation Reform Legislation, Workers' Compensation Law Section 50(2) was amended to state that when compensation is secured via a stock corporation, mutual corporation or reciprocal insurer authorized to transact the business of workers' compensation insurance in this state, that such coverage be obtained "through a policy issued under the law of this state."
On July 12, 2007, Subject Number 046-198 was issued stating that "effective September 9, 2007, all out-of-state employers with employees working in New York State will be required to carry a full statutory New York State workers' compensation insurance policy." A full, statutory NYS workers' compensation insurance policy is one where New York is listed in item 3A on the Information Page of an employer's workers' compensation insurance policy.
Thereafter, in September 2007, the Board posted on its website notice that the Board was reviewing the applicability of this provision to out-of-state employers whose employees are attending meetings, seminars, or other minimal activities in New York State. The Board has concluded its review of this matter and now issues the following Out-of-State Employers policy. Insurance carriers, agents, and brokers, as well as out-of-state employers, should carefully review this policy.
An out-of-state employer with an individual or individuals working in New York State is required to have a full NYS workers' compensation insurance policy if that employer (as defined in the WCL) meets ANY of the following criteria:
Employees traveling through the State not stopping for deliveries, pick-ups, or other work are not deemed to have worked a day here. An employer that has reason to know that it will meet these criteria in the current year, even if it has not done so in the prior year, must obtain the required coverage.
If an out-of-state employer with an individual or individuals working in New York State meets any of the above requirements, NY MUST be listed on Item 3A on the Information Page of an employer's workers' compensation insurance policy. This means that the employer is fully covered under the NY Workers' Compensation Law.
When out-of-state employers send employees into New York for work purposes and a full, statutory NYS workers' compensation insurance policy is not required, the employer must have such coverage for workers' compensation as required under the laws of its state, and New York must be listed in item 3C on the Information Page of the employer's workers' compensation insurance policy. If the insurance carrier writing the out-of-state employer's workers' compensation insurance policy is not authorized by the NYS Insurance Department to write workers' compensation and employers' liability coverage in New York, for the 3C coverage to comply with this policy, the insurance carrier must have completed, signed, and filed the Statement of Compliance With Workers' Compensation Law with the Chair, Form C-105.11.
An out-of-state employer having a new worker's compensation insurance policy issued after February 1, 2011 by a private insurance carrier not licensed in New York and listing New York under 3C of that policy will not qualify for the specific exemptions set forth in the Out-of-State Employers Policy statement unless the carrier completes, signs, and files the Statement of Compliance With Workers' Compensation Law with the Chair, Form C-105.11.
The Board will post on its website a list of all carriers that have filed the Statement of Compliance with Workers' Compensation Law, and will provide periodic updates to such listing.
It may be appropriate to contact your insurance broker, carrier or agent, check with your trade association, or conduct additional research to find the most appropriate insurance coverage for your company. In addition, a New York State workers' compensation policy may be obtained from the New York State Insurance Fund by calling 1-888-875-5790 and a disability benefits insurance policy may be obtained from the New York State Insurance Fund by calling 1-866-697-4332.
Please contact the Board's Bureau of Compliance at 1-866-298-7830 if you have any questions regarding these requirements.