Workers’ compensation isn’t optional in New York — if you have employees, you’re required to carry it. But there’s a wide range between the minimum you need to be compliant and the coverage that actually protects your business. We help you find the right policy at a competitive rate and stay on top of your costs year to year.
New York Workers’ Comp Requirements
New York State requires virtually all employers to carry workers’ compensation insurance, regardless of company size. The only common exceptions are sole proprietors with no employees and certain corporate officers who elect to exclude themselves. If you’re in construction, compliance is enforced especially closely — contractors without certificates can’t legally work on most job sites.
New York also requires separate Disability Benefits Law (DBL) coverage and, since 2018, Paid Family Leave (NYPFL) as part of your DBL policy. We handle all three.
What the Coverage Actually Includes
- Medical expenses — All reasonable and necessary medical treatment related to a work injury, with no deductible or copay for the employee.
- Lost wages — Two-thirds of the employee’s average weekly wage during periods of disability (subject to state maximums).
- Permanent disability benefits — If the injury results in lasting impairment, scheduled loss of use awards or ongoing benefits depending on the type of disability.
- Death benefits — Payments to surviving dependents if an employee dies from a work-related injury or illness.
- Employer’s liability — Covers lawsuits brought against you by injured employees in situations outside the standard WC system (Part Two of the policy).
Managing Your Experience Modification Rate
Your EMR (experience mod) is the number that most directly affects what you pay for workers’ comp year to year. It’s calculated from your claims history relative to other businesses in your industry. An EMR above 1.0 means you pay more than average. Below 1.0, less.
We review your loss runs annually and help you identify patterns — injury types, departments, circumstances — where targeted interventions reduce future claims. Over time, this is how you get to a favorable EMR. It’s not magic; it’s consistency.
Claims Advocacy
When a claim is filed, the insurance company’s goal is to manage their costs. Your goal is to get your employee back to work and keep the claim from dragging on. Those aren’t always the same thing. We stay involved in open claims, push back on delays, and connect you with occupational health and modified duty programs that help move employees toward return-to-work faster.
Audit & Classification Review
Workers’ comp premiums are based on payroll by job classification. Misclassified employees are one of the most common sources of premium overpayment. If your workforce has changed — new roles, contractors vs. employees, seasonal variation — there’s a good chance your policy classifications haven’t kept up. We review this as part of every renewal.
Common Questions
Can I exclude myself as an owner?
Sole proprietors are automatically excluded. Corporate officers can elect to be excluded from coverage in New York, which reduces your premium basis. Whether that makes sense depends on your personal health coverage and risk tolerance — we walk through the tradeoffs.
What if a subcontractor I hire doesn’t have coverage?
In New York, if a subcontractor you hire doesn’t carry their own workers’ comp, you may be liable for their injuries as if they were your employees. This is one reason we push hard on getting certificates before work starts.
Our claims have been low — can we get a better rate?
Possibly. Low claims translate to a favorable EMR, which reduces your rate. We also shop your coverage at renewal — even with a good EMR, different carriers price the same risk differently depending on their book of business and appetite for your industry.