Important Info About Verifying Coverage of Out-of-State Employers

Important Information About Out-of-State Employers and Workers’ Compensation Insurance:

1. The New York State Workers’ Compensation Board (WCB) Out-of-State Employers Policy issued on November 23, 2010, requires that out-of-state employers with employees working in New York State carry a full, statutory New York State workers’ compensation insurance policy, as required by the New York State Workers’ Compensation Law.

2. A full, statutory New York State workers' compensation insurance policy is one that specifically lists New York in Item 3A on the Information Page of an employer's workers' compensation insurance policy.

3. What this means if you are an out-of-state employer: If an employee of the out-of-state employer is injured while working in New York State, the employer must have workers’ compensation coverage so that the injured worker is fully covered for workers’ compensation benefits under the NYS Workers’ Compensation Law.

4. What this means if you are a NYSIF policyholder who sub-contracts with an out-of-state employer: A NYSIF policyholder must confirm full, statutory New York State workers’ compensation coverage for that out-of-state employer by obtaining a certificate of insurance from the subcontractor, specifically stating that New York is listed in Item 3A of the subcontractor’s workers’ compensation policy.

5. To further confirm full, statutory New York State workers’ compensation coverage: NYSIF recommends obtaining a copy of the out-of-state employers’ workers’ compensation insurance policy information page indicating New York State coverage under Item 3A, or using the WCB Employer Coverage Search on the WCB website. (From the WCB home page, click the Employers/Businesses section, then under Workers’ Compensation click the link, Does the Employer Have Coverage?)

6. The New York State Workers’ Compensation Board Out-of-State Employers Policy was implemented to create competitive balance for New York State contractors by requiring all contractors working in New York State to pay New York State rates for workers’ compensation insurance coverage.