Special Circumstances

It's possible to apply more than one construction classification for your business and each of your workers. To be eligible for lower-rated classifications, you must separate payroll records by classifications based on actual time worked (not by percentages) for each worker. NYSIF’s auditor will request contracts and invoices to verify your separation.

Construction Employment Payroll Limitation Program

This program applies a maximum weekly payroll limitation for each worker in eligible construction classification codes. The law does not apply to construction work involving one-family or two-family houses.

Construction Classification Premium Adjustment Program (CPAP)

This program addresses premium differences between high-wage- and low-wage-paying employers in the construction industry.

New York State Construction Industry Fair Play Act/Commercial Goods Transportation Industry Fair Play Act

Both the Construction Industry Fair Play Act and Commercial Goods Transportation Industry Fair Play Act presume employee status in most cases. NYSIF's comparison table details more information about potential subcontractor coverage under each Act.

Coverage of Subcontractors and Out-of-State Employers

NYSIF policyholders are responsible for injury claims brought by employees of uninsured subcontractors. Policyholders who sub-contract with out-of-state employers must confirm that these subcontractors have full, statutory New York State workers’ compensation coverage. See important information about verifying coverage of subcontractors and out-of-state employers.


The law prevents employers with workers' compensation noncompliance infractions from bidding on Public Work Projects for one year per violation. New York State governmental entities, including state, county and municipal agencies, may not contract with businesses that are listed on the Workers’ Compensation Board Debarment List.

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