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STATE REQUIREMENTS

When New York requires workers’ compensation

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In New York, workers' compensation is required from the first employee. Family members working for the business count, and out-of-state employers must cover employees working in New York. Sole proprietors and partners without employees are exempt. A one- or two-person corporation whose officers own all the stock may exclude those officers. The rule, who counts and what to do the day you hire are below, each with its official source.

Reviewed by CoverMatch licensed agents, Licensed property & casualty agents · Reviewed Oct 12, 2026 Updated
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New York rules with sources
TopicThe rule in New YorkSource
Who must carry itVirtually every employer with one or more employees must carry workers' compensation, including part-time, seasonal, family and most domestic employees.N.Y. Workers' Comp. Law § 2, § 3, § 50, § 52; New York State Workers' Compensation Board — Employers
Who counts as an employeeFamily members working for the business count, and out-of-state employers must cover employees working in New York.New York State Workers' Compensation Board — Employers
Owners, officers and LLC membersSole proprietors and partners without employees are exempt. A one- or two-person corporation whose officers own all the stock may exclude those officers.N.Y. Workers' Comp. Law § 2, § 3, § 50, § 52
If you go withoutThe Board assesses penalties for each period without coverage and can issue stop-work orders; going uninsured is a misdemeanor with five or fewer employees and a felony with more.New York State Workers' Compensation Board — Employers

Rules change. Each row links to the agency or statute it came from; the review date above is when a licensed agent last checked them.

Who must carry it in New York

Virtually every employer with one or more employees must carry workers' compensation, including part-time, seasonal, family and most domestic employees.

Who counts as an employee

Family members working for the business count, and out-of-state employers must cover employees working in New York. The label on the paycheck does not settle it: New York applies its own employee test, and a worker who fails it is an employee for workers' compensation no matter what the contract says.

Owners, officers and LLC members

Sole proprietors and partners without employees are exempt. A one- or two-person corporation whose officers own all the stock may exclude those officers. The election is made on the policy and affects both coverage and premium, so decide it before the policy is bound rather than at audit.

The day you hire

CoverMatch quotes workers' compensation from the first employee, with pay-as-you-go billing through most payroll companies where a carrier offers it, so the policy can start the week you hire without a large deposit. Add the policy to your wallet and the live certificate is ready for the general contractor or client who asks for proof.

If you go without

The Board assesses penalties for each period without coverage and can issue stop-work orders; going uninsured is a misdemeanor with five or fewer employees and a felony with more. The specific amounts and procedures are in the statute and on the agency page linked above; they change, and the licensed agent who reviewed this page checks them on each update.

Sources

Questions people actually ask

I just hired my first employee in New York. When does the policy have to be in place?

Before the first shift if the threshold is met. New York requires coverage from the first employee, and a claim on day one with no policy is paid by the employer personally. A policy can be quoted and bound the same day; CoverMatch asks every carrier that offers pay-as-you-go so the premium follows your payroll.

My workers are paid on a 1099. Does that count in New York?

The form you file does not decide it. New York applies its own test of control, tools, schedule and whether the person runs an independent business; workers who fail it are employees for workers’ compensation and are added at audit, often at the higher rate.

Can the owner be left off the policy in New York?

Sole proprietors and partners without employees are exempt. A one- or two-person corporation whose officers own all the stock may exclude those officers. Excluding yourself lowers the premium base and leaves your own injuries to health insurance; general contractors and clients often require owner coverage by contract regardless.

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