WCL §57 and §220[8] require the heads of all municipal and State entities to ensure that businesses applying for permits, licenses or contracts have appropriate workers' compensation and disability and Paid Family Leave benefits insurance coverage. This requirement applies to both original issuances and renewals, and also applies whether the governmental agency is doing the work itself or is simply issuing the permit, license or contract.
Ensuring that businesses comply with the WCL protects both injured workers and employers, and helps to level the playing field by strictly enforcing the requirement that all businesses maintain mandatory insurance coverages. Municipal and State agency cooperation in enforcing WCL §57 and §220[8] is a critical component of encouraging compliance.
WCL §220(8) — Restriction on Issue of Permits and the Entering of Contracts Unless Coverage Is Secured
§220(8) of the WCL requires the heads of all State and municipal entities, prior to issuing any permits or licenses, or entering into contracts, to ensure that businesses applying for those permits, licenses or entering into contracts have appropriate disability and paid family leave benefits insurance coverage.
Please note: ACORD forms are NOT acceptable proof of coverage.
Complying with the Law
To comply with coverage provisions of the WCL, businesses must
- be legally exempt from the requirement to provide disability and Paid Family Leave benefits coverage,
- obtain such coverage from an insurance carrier, or
- be self-insured.
Businesses requesting permits, licenses, or contracts from a state or municipal entity must provide ONE of the following:
- Certificate of NYS Disability and Paid Family Leave Benefits Insurance (Form DB-120.1) The business' statutory disability and Paid Family Leave benefits carrier will send this form to the government entity upon request.
- Certificate of NYS Disability and Paid Family Leave Benefits Self-Insurance (Form DB-155) Businesses that are self-insured in New York State for disability and/or Paid Family Leave benefits insurance should call the Workers' Compensation Board's Self-Insurance Office at (518) 402-0247 to obtain this form.
- Certificate of Attestation of Exemption (CE-200) To be eligible for a disability and Paid Family Leave benefits exemption using Certificate of Attestation of Exemption (Form CE-200), an employer must not have one or more persons in employment on each of at least 30 days in a calendar year in New York State.
(Independent contractors are not considered to be employees under the Disability and Paid Family Leave Benefits Law.)
Contact the Board
Businesses who are unsure whether they are required to obtain a New York State disability and Paid Family Leave benefits insurance policy should contact the Bureau of Compliance at (866) 298-7830.