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New York Workers’ Comp

New York Workers’ Comp Insurance

CompShield is licensed to write workers’ comp directly in New York, License #PC-1375403, and we’re an independent agency comparing real carriers, not a single-carrier storefront. New York’s healthcare and social assistance sector alone accounts for over a fifth of statewide employment, and New York uses its own independent rating system, not the national NCCI model most states use.

New York requires coverage from your very first employee, with a narrow exception only for a one- or two-person-owned corporation where both individuals own 100% of the stock and hold all corporate offices. Add a third officer or any employee, and coverage kicks in immediately.

Licensed in New York, License #PC-1375403

Coverage Requirements

New York Requires Coverage From Employee One

Virtually all New York employers must provide coverage from the first employee, including part-time, seasonal, casual, leased, borrowed, or unpaid family workers. A narrow exception exists only for a one- or two-person-owned corporation where both individuals own 100% of the stock and hold all corporate offices, add a third officer or any outside employee and coverage is immediately required.

New York’s Construction Industry Fair Play Act presumes construction workers are employees unless a strict multi-part test is met, misclassification here carries its own separate penalty structure.

Source: New York Workers’ Compensation Board, Coverage Requirements

Penalties

Felony Exposure, With Personal Liability for Officers

New York’s civil penalty runs up to $2,000 per 10-day period without coverage. Criminal exposure escalates fast: failure to secure coverage with 5 or fewer employees is a misdemeanor with a $1,000 to $5,000 fine, but with more than 5 employees it’s a Class E felony, $5,000 to $50,000. A repeat violation within five years is a Class D felony, up to $50,000.

Corporate officers and sole proprietors are personally liable, and the state can issue stop-work orders and debar violators from public works contracts for one to five years.

Operating uninsured with more than 5 employees in New York is a Class E felony, with penalties up to $50,000.

Source: New York Workers’ Compensation Board, Violations & Penalties

Rating System

New York Doesn’t Use NCCI, It Has Its Own Rating Bureau

Unlike most states we’re licensed in, New York isn’t an NCCI state. Rates here are set through the New York Compensation Insurance Rating Board, which develops experience modification factors and classifications specific to New York and files loss costs with the state. That’s exactly the kind of detail an independent agent who actually works in New York should know cold.

Pricing

How Much Does Workers’ Comp Cost in New York?

New York’s healthcare, finance, and construction-heavy economy, healthcare alone accounts for over 20% of statewide employment, means rates for those specific classifications reflect real, documented risk differences. The formula behind your real number is the same regardless of trade:

Payroll Ă· 100 Ă— Class Code Rate Ă— Experience Mod = Premium
  • Payroll. Your total insurable payroll, starting from your very first employee.
  • Class code rate. Set through New York’s own NYCIRB rating system, not the national NCCI model used in most states.
  • Experience mod. Compares your claims history to similar New York businesses in your class code.

We’ll run the real number against your actual payroll and classification, not a generic New York average.

Common Questions

New York Workers’ Comp, Answered

Yes, from your very first employee, with a narrow exception only for a one- or two-person-owned corporation where both individuals own all the stock and hold every corporate office.

One, in nearly all cases. New York’s only real exception is a fully self-owned one- or two-person corporation.

Civil penalties run up to $2,000 per 10-day period, and criminal exposure ranges from a misdemeanor to a Class E felony depending on headcount, with a Class D felony for repeat violations.

No. New York uses its own independent rating organization, the New York Compensation Insurance Rating Board, a genuinely different system than most states.

A law that presumes construction workers are employees unless a strict multi-part test is met, with its own separate, steep penalty structure for misclassification.

A New York-specific law imposing near-strict liability on property owners and general contractors for gravity-related injuries on construction sites, layered on top of, not replacing, workers’ comp exclusive-remedy protection.

Construction and healthcare-adjacent classifications tend to run higher rates given real risk and New York’s outsized concentration in both. Your specific rate depends on your actual class code and claims history.

Yes. The New York State Insurance Fund is legally required to accept any New York employer regardless of industry, safety record, or size, a guaranteed-issue backstop.

Yes. New businesses are typically quoted on estimated payroll for the first policy term, then trued up at audit once real payroll figures are in.

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