Is Workers' Compensation Coverage Required?
All out-of-state employers with employees or subcontractors working in New York State are required to carry a New York State workers' compensation insurance policy.
An employer has a full, statutory New York State Workers' Compensation insurance policy when New York is listed in "Item 3A" on the Information Page of the employer's workers' compensation insurance policy.
Full New York State Workers' Compensation Coverage Required
An out-of-state employer with an individual or individuals working in New York State is required to have a full, statutory New York State workers' compensation insurance policy if that employer, as defined in the Workers’ Compensation Law (WCL), meets ANY of the following criteria:
- The employer is required to register with the New York State Department of Labor and pay unemployment insurance for any period in question.
- The employer has a permanent physical location in New York or has employees whose primary work location is in New York.
- The employer is operating in New York under a permit, contract, or license granted by the State of New York, its counties or any municipality as defined under §57 of the WCL.
- The employer is working as a contractor/general contractor/subcontractor on a construction project in New York.
- In the previous year, the employer had employees physically in New York for
- at least 40 hours of every week for a period of longer than two consecutive weeks; or
- had employees present in New York for 25 or more individual days (e.g., five employees working for five days in New York equals 25 individual employee days).
Employees traveling through the New York State not stopping for deliveries, pick-ups, or other work are not deemed to have worked a day in the State. 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, New York 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 WCL.
Full New York State Workers' Compensation Coverage NOT Required, 3C Coverage Acceptable
Employees of out-of-state employers are not deemed to have worked a day in New York State and out-of-state employers will not be required to provide full, statutory coverage for employees
- attending meetings, seminars, conferences or conventions in New York State infrequently (not more than one per month) or
- traveling through New York State, not stopping for deliveries, pick-ups, or other work.
The employer must have 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 to write workers' compensation and employers' liability coverage in New York State by the NYS Department of Financial Services, for the 3C coverage to comply with this policy, the insurance carrier must have completed, signed and filed with the Chair, Form C-105.11, Consent to NYS Workers' Compensation Board Jurisdiction for Non-New York Licensed Insurers (3C Coverage).
Insurers Authorized to Use 3C Coverage
Please contact the Board's Bureau of Compliance at (866) 298-7830 if you have any questions regarding these requirements.
- Obtaining Insurance
- Workers' Compensation Coverage Requirements for Government Issued Permits, Licenses and Contracts
- Workers Compensation Coverage for Out-of-State Employers with Employees Who Live In NYS, But Work Elsewhere
- Consent to NYS Workers' Compensation Board Jurisdiction for non-New York Licensed Insurers 3C Coverage (Form C-105.11)
- Out-of-State Employers with Employees Who Work in New York State - Disability and Paid Family Leave Benefits Coverage Requirements