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Workers’ Compensation Board

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New York Workers Compensation Board Out-Of-State Employers Policy

Date: November 22, 2010

As a matter of policy, the Board has determined that, although any employer with employees within New York for any amount of time may be subject to the Workers’ Compensation Law (WCL) of this State and required to provide full statutory coverage, the Board will only exercise its enforcement power in regard to the acquisition of such full statutory coverage for New York State against an out-of-state employer that meets any of the following criteria:

Out-of-state employers that are sending employees into NYS that are only attending infrequent (not more than one per month) meetings, seminars, conferences or conventions in New York State will not be required to provide full statutory coverage for such employees.

Upon inquiry by the Board as to an employer’s status, it is the employer’s responsibility to attest to the fact that they meet none of these conditions in order to avoid enforcement actions. In the event penalties are issued by the Board, it is the employer’s responsibility to provide documentation to the Board that none of the above conditions were met in order to have a penalty rescinded.

In extraordinary circumstances, and in the sole discretion of the Board, the above conditions may be exceeded and no enforcement action commenced or penalties may be imposed against employers that meet these conditions.