Sources reviewed October 27, 2026 · Confirm current rules with the agency
When coverage is required
New York requires coverage for almost every employer with employees. Part-time, temporary, seasonal, casual, family, and some unpaid workers can count. There are a few narrow exceptions. But you cannot leave a worker out just because the job is short or you call them an independent contractor.
Owners and exemptions
LLC and LLP members and partners are generally not counted as employees and can choose to cover themselves. A business with no employees may not need a policy just for its members or partners. Once you hire employees, you must get coverage. Corporate officers have different rules, so use the Workers' Compensation Board's guide for your business type. Do not apply the LLC rule to a corporation.
If an employee is injured
Workers should tell you quickly and give written notice within 30 days. You should report qualifying injuries to the Board and tell your insurer within ten days. The Board says this means injuries that need care beyond first aid or cause at least one day of lost work after the day of injury. Follow the current form and insurer instructions. The worker's notice and your report are separate duties.
Operating without coverage
The Board says penalties for not having coverage can reach $2,000 for every ten days without it. That is the most it can charge, not a set amount for every case. You can also owe the worker's benefits, extra charges, and face other consequences. Answer the Board's letters and keep records that prove you have coverage.
How to get covered
Buy from a licensed private insurer or the New York State Insurance Fund, or qualify to self-insure through the formal process. Go over payroll, all work locations, owner opt-outs, and job classes with your insurer. Keep coverage active without gaps and post the required notice. Also check New York's separate rules for disability benefits and paid family leave.
Benefits and return-to-work planning
A work injury can lead to medical care, time off work, a lasting disability, or benefits for family members if a worker dies. Who qualifies, waiting periods, how wages are figured, and benefit limits all depend on state law and the facts of the claim. Ask your insurer which benefits it is looking at and what records it needs. Go by the doctor's work limits, not your own guess about what the worker can do. If you can offer lighter work, describe the duties and hours clearly and plan it with the doctor and your insurer.
Preparing an accurate cost estimate
Gather payroll by job and location, a description of each type of work, details on working owners, subcontractor records, and your past claims. Ask the insurer to confirm your job classes, how the rate is figured, any experience modifier, the minimum premium, fees, and audit terms. This site's calculator uses a base rate that you enter. It does not give a state-approved rate or a real quote. Compare offers using the same numbers, and track staff and work changes during the year so the final audit is easier.
Forms, posters, and notices
These links go straight to New York’s official forms. Your insurer can often send a poster with your policy details already filled in.
Weekly benefit limits
These limits cap the wage replacement checks an injured worker can get. Medical care is paid separately. Limits change every year, so check the source for the latest figures.
- Maximum
- $1,281.50 a week
- Minimum
- $384.45 a week, or the worker's actual wage if lower
- Applies to
- Injuries on or after July 1, 2026
Check a contractor’s coverage
Search the Board's employer coverage database by business name.
Owner exemptions and elections
A business with no employees can get a Certificate of Attestation of Exemption (CE-200). It is only for showing a government agency that you do not need coverage for a permit, license, or contract. It cannot be used to prove anything to another business or its insurer.
Frequently asked questions
Is workers' comp required in New York?
Yes for virtually all employers with employees, including part-time, temporary, and family workers.
Do business owners need workers' comp in New York?
LLC members and partners are generally not employees and can choose to be covered. Corporate officer rules are different.
How long does an employee have to report a work injury in New York?
Employees should give written notice within 30 days. The employer reports qualifying injuries within ten days.
What happens if a New York business doesn't have workers' comp?
Penalties can reach $2,000 for every ten days without coverage, and the employer can be held responsible for benefits.
How do I get workers' comp insurance in New York?
Buy from a private insurer or the New York State Insurance Fund, or qualify to self-insure. New York also requires disability and paid family leave coverage.
How much does workers' comp cost in New York?
Cost depends mostly on your job class codes, the payroll in each class, your experience modifier, and the insurer's rates and minimum premium. Ask a licensed insurer or agent for the base rate for your class code in New York, then use this site's calculator for a rough estimate. Your final premium is set at the yearly audit.
Your next steps
Official sources & further reading
NY WCB: coverage requirementsNY WCB: LLC and LLP owner rulesNY WCB: what to do when an injury happensNY WCB: employer reporting responsibilitiesNY WCB: violations and penaltiesNY WCB: insurance optionsThis summary is for learning, not legal advice. Exceptions and changes may apply. If anything here differs from the official agency or the law, they are what count.