How To Get Workers Compensation Insurance In New York? Being a business owner in New York, where business is booming, and competition is fierce, is a big job. But your business sense is one of many things you need to protect your bottom line. Workers’ compensation insurance can help you protect your most valuable asset, your employees. It can also protect you from legal trouble. In New York, workers’ compensation is business insurance that protects employers from being sued for injuries or illnesses. It gives the employer and the injured or sick worker the following benefits:
- If an injury or illness at work leads to a lawsuit, the employer will have a lawyer to defend them.
- Payment for medical care needed to treat an injury or illness that happened on the job
- Temporary payments are made to the worker to help make up for lost pay
- Disability payments are made to the worker to compensate for the injury’s lasting effects.
- If an employee dies because of an accident, the employee’s surviving family members get death benefits.
Who Needs Workers Compensation Insurance In New York?
Almost all employers in New York, including for-profit businesses and most nonprofits, must provide workers’ compensation coverage for their employees. New York state says an employee “works under the supervision, direction, and control of an employer, whether on or off the employer’s property.” Some types of eligible employees are:
- Part-time employees, borrowed employees, leased employees, temporary employees, seasonal employees, family members, and volunteers working for a business that makes money are considered for-profit workers.
- Employees of counties and cities who do “hazardous” work as defined by the law
- Public school teachers, except those who work for the city of New York, and public school aides, including those who work for the city of New York,
- People who work for the state of New York, some of whom are volunteers,
- Domestic workers who work 40 or more hours per week for the same employer. This includes full-time sitters or companions and live-in maids.
- Any other worker who the Board says is an employee and who isn’t specifically left out by the Workers’ Compensation Law is also covered (WCL)
- If the company has more than two officers and two stockholders, all of the officers.
- Officers of one-person or two-person businesses that employ other people. These officers can opt out of coverage if they want to.
- Most people who get paid by a nonprofit organization are volunteers.
- The employer must pay for this insurance, and the employee can’t be asked to help pay for it. The Workers’ Compensation Board, a state agency, handles all workers’ compensation claims.
In New York, workers’ compensation cases are “no-fault,” which means that the amount a claimant can get for their claim can’t be decreased by their carelessness or increased by their employer’s fault. But you can’t file a workers’ compensation claim if the injury was caused by something you did on purpose. Employers are also required by law to put up a notice at their place of business letting people know they are covered.
What does workers’ comp insurance cover in New York?
If a worker gets hurt or sick on the job in New York, workers’ comp insurance pays for medical care, lost wages, and permanent disabilities. This can include both short-term and long-term help. Workers’ compensation insurance pays for any injuries or illnesses at work or because of it.
Workers’ compensation covers medical care costs in New York. This includes costs for medical care, dental care, surgery, optometry, medically necessary drugs, and devices that help the person get around. Unless it’s an emergency, the person who treats the injured worker must have permission from the Workers’ Compensation Board to do so. Here, you can find a lot of information about what kind of medical care is covered by workers’ comp in New York.
Employees are also entitled to a portion of their lost wages if their injury or illness causes them to be:
- They can’t go to work for more than a week because of it.
- Their pay has decreased because they now work less or do different work.
- If the disability lasts less than 14 days, lost wage benefits are not paid for the first seven days. After 14 days, an employee may be able to get lost-wage benefits from the first day they couldn’t work.
How does Workers’ Compensation work in New York?
If a worker gets hurt on the job, they must let their boss know as soon as possible. Unless it’s an emergency, they have to get care from a doctor or hospital that the state’s Workers’ Compensation Board has approved.
You might be an employer and wonder, “What should I do if one of my workers gets hurt?” Once an employer hears about an incident, they should give the employee the information they need to file a claim. Also, employees should keep in touch with the insurer while the claim is processed. If you don’t think your worker’s workers’ compensation claim is valid, check with your insurance company to see if the worker’s injuries meet the criteria for a work-related injury. Learn more about how to file a claim for workers’ compensation here.
Any injury that isn’t minor must be reported to the Workers’ Compensation Board and the insurance company within ten days. Once an insurance company approves a claim, payments usually begin 18 days after the employee was hurt or 10 days after the employer was told about the injury, whichever is later. If the insurance company doesn’t agree with the claim, a judge will look at the case and decide what benefits the worker will get.
What are the benefits for death workers’ comp in New York?
If a worker gets hurt or sick at work and dies because of it, that worker’s dependents (as defined by law) can file a claim to pay the funeral costs. The NYS WSB lists funeral or memorial costs by county and gives two different reimbursement amounts.
The state of New York says that a dependent is someone who:
- A surviving spouse or a child or children who depend on the person who died
- Dependent grandchildren
- Dependent parents and grandparents
- Dependent siblings
- Parents who don’t need help or the estate of the person who died if there is no surviving spouse or another person who needs help.
Visit WCB.NY.GOV for a full explanation of what a dependent is.
Indemnity benefits, also called “lost wage benefits,” are calculated and paid based on how much you make each week. The amount of the benefits is two-thirds of the worker’s average weekly wage over the 52 weeks before their death. These benefits are not taxed and are paid up to the maximum amount allowed by law on the date the worker dies. If there is no surviving spouse, minor children, or other dependents as defined by the law who are entitled to compensation, the worker’s parents or estate may be entitled to a payment of $50,000.
How do settlements for workers’ compensation work in New York?
Like in other states, workers’ comp settlements in New York are agreements that benefit the employee who was hurt or got sick, the employer, and the insurance company. These agreements close workers’ comp claims for good. Settlements, which the state’s Board must approve, usually involve paying the employee an agreed-upon amount in a lump sum or structured payments. In exchange for this settlement payment, the employee agrees not to try to get any more benefits, claims, or lawsuits in the future related to the closed claim.
How long do you have to file a workers’ comp claim in New York?
In New York, workers have two years from when they were hurt or told they were sick to file a workers’ compensation claim. The same is true for dependents left behind who want death benefits. Dependents have two years from the person’s death to file a claim for death benefits.
How much does workers’ compensation Insurance Cost in New York?
Your exact workers’ compensation insurance premiums will be based on several things unique to your business.
A few of these things are:
- The place where your business is
- How big is your business, and how many people work for you
- What business you’re in, and what does it
- The class codes your business needs
- The history of workers’ comp claims for your business
By following the New York state website steps, businesses can cut costs in the state. You can also be proactive by putting risk-reduction techniques at the top of your list. Insurance companies look favorably at businesses that take safety at work seriously when figuring out how much to charge for workers’ comp. Your insurance rates might decrease if you train your employees, follow best practices in the industry and make safety rules.
How To Get Workers Compensation Insurance In New York?
People in New York who want workers’ comp coverage can buy a policy from any licensed private insurance company, agent, or broker in the state. Businesses can also choose to self-insure, but that means they have to have enough money to pay for all costs related to injuries or illnesses at work without the help of insurance. With the right private insurance company, getting workers’ comp coverage in New York doesn’t have to be complicated.
Employers in New York must have workers’ compensation insurance for their workers. There are a few steps you can take to make sure your business has workers’ compensation insurance:
- Figure out what insurance you need: The first step is to determine what your business needs, how much, and what kind of insurance you will need.
- Look around: It’s a good idea to compare quotes from different insurance companies to find the best coverage at the best price. You can do this by talking to insurance brokers or agents or using a comparison tool on the Internet.
- Choose a policy: Once you’ve compared quotes and decided what coverage you need, you can choose a policy that fits your needs and budget.
- Buy the policy: Once you’ve decided on a policy, you can buy it directly from the insurance company, broker, or agent.
- Follow the state’s rules: In New York, you have to put a notice about workers’ compensation insurance where it can be seen, and your employees or the state may ask you to show proof of insurance.
It’s important to know that if you don’t have workers’ compensation insurance in New York, you could be fined or punished in other ways. If you have questions about getting workers’ compensation insurance in New York, you should talk to a lawyer or someone who works in the insurance industry.
Where can you get workers’ comp insurance in New York?
In New York, you can buy workers’ compensation insurance from an insurance company, a broker, or the New York State Insurance Fund.
The New York State Insurance Fund is a part of the state of New York that does not make money for itself. This fund must give workers’ compensation insurance to any business that wants it, no matter what kind of business it is, how safe it is, or how big it is.
New York’s most significant workers’ compensation insurance companies
- Workers’ Comp from the State Insurance Fund
- AmTrust Financial Services
- Insurance from the Old Republic
- The company Berkshire Hathaway
- Freedom Mutual
- National Insurance Group of Utica
How to File Workers’ Compensation Claim in New York?
In New York, you have 30 days to tell your boss about a workers’ compensation claim from when you got sick or hurt at work. If you do it within 30 days, you might retain your right to workers’ compensation benefits.
You should also file an employee claim with the Workers Compensation Board in New York as soon as possible. To fill out this form, you need to give the following:
- Name and address of your boss
- The amount of money paid in gross wages each pay period.
- The names and addresses of any other employers you worked for when you got sick or hurt.
- The name and address of the first doctor or hospital that treated you.
What Are The Penalties if You Did Get workers’ comp insurance in New York?
In New York, you can be fined up to $2,000 every 10 days without workers’ compensation coverage if you don’t have workers’ compensation coverage. Because of this, by the time an employer gets their first penalty notice, the fine could be more than $12,000.
A business has 30 days from the date of the first notice of penalty to ask that the penalty be looked at again. A business can also explain why there was a gap in coverage and ask that the penalty for not following the rules be lessened. Depending on the New York State Workers Compensation Board’s decision, the penalty could go down or stay the same after this review.
Disputing a Workers’ Compensation Claim
Most workers’ compensation claims are accepted, and benefits are paid without problems. The New York State Workers Compensation Board is responsible for figuring out what to do when a claim is disputed.
Complex disagreements may also need a formal hearing before a judge who knows about workers’ compensation law. Most of the time, the judge’s decision is put in writing.
Conclusion – Should I get Workers’ Compensation Insurance in New York?
Employers in New York must have workers’ compensation insurance for their workers. When an employee gets hurt on the job, this insurance pays for their medical bills and lost wages.
Whether or not you need workers’ compensation insurance in New York depends on the size and type of your business and your state and federal legal obligations. In New York, you are usually required to have workers’ compensation insurance if you have at least one employee. But there are some exceptions to this rule, like for some people who work for themselves and others who work in agriculture.
If you are still determining if you need workers’ compensation insurance in New York, you should talk to a lawyer or an insurance professional. They can help you determine your legal responsibilities and what’s best for your business.