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NYS WC Coverage for Out-of-State Sub-Contractors

By November 14, 2013August 22nd, 2018

NYSIF reminds policyholders who contract with out-of-state employers that the New York State Workers’ Compensation Board (WCB) Out-of-State Employers Policy requires these employers to carry full, statutory New York State workers’ compensation insurance coverage for their workers in New York State, as required by the New York State Workers’ Compensation Law.

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.

To avoid unexpected workers’ compensation costs, a NYSIF policyholder who sub-contracts with an out-of-state employer should confirm full, statutory New York State workers’ compensation coverage for that out-of-state employer.

NYSIF policyholders (and any New York State employer) can confirm that an out-of-state employer has New York State workers’ compensation coverage 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. Obtain further confirmation of New York State workers’ compensation coverage by asking the out-of-state employer for a copy of the employer’s workers’ compensation insurance policy information page and checking for New York State coverage listed under Item 3A.

New York State employers may also use the WCB Employer Coverage Search on the WCB website to find out if an out-of-state employer has New York State workers’ compensation insurance coverage. To use the WCB Employer Coverage Search go to the WCB home page, click the Employers/Businesses section, then under Workers’ Compensation click the link, Does the Employer Have Coverage?

If you need assistance or have any questions on using sub-contractors, please call The Flanders Group at 800-462-6435.