The Workers' Compensation Act requires that employees obtain and incessantly keep in result workers' compensation reporting for all their workers. (Employees)
business meet this obligation of the law by:
- Obtaining and maintaining a workers' compensation insurance policy; or
- Obtaining self-insurance for workers' compensation; or
- Be legally excused from the obligation to provide workers' compensation coverage.
Are Any For-Profit business excused?
There is an only incomplete situation where for-profit businesses are exempt from as long as workers' compensation reporting, as well as:
1. The industry is owned by one individual with no employees, no leased workers, no borrowed employees, no part-time workers, no unpaid volunteers (counting family members) and no subcontractors and is not a corporation; or
2. The business is a company under the laws of New York State, and there are no workers, no leased workers, no borrowed workers, no part-time workers, no unpaid volunteers (including family members) and no subcontractors; or
3. The industry is a one-or-two person owned company, with those persons owning all of the stock and holding all offices of the business and there are no workers, no leased employees, no borrowed workers, no part-time workers, no unpaid volunteers (as well as family members) and no subcontractors. Specifically, if two groups own the corporation, each being must own at least one split of stock and between them own all the shares of the store in the corporation. Also, they both must be corporate officers, and between the two of them hold all the offices of the corporation.
For further clarification, see Sole Proprietorships, Partnerships, and Corporate Officer Coverage Requirements). Also, read independent Contractors and Subcontractors for exceptions.
Posting of taking in of Workers' Compensation Coverage
According to Section 51 of the Workers' Compensation Act, the company has to post a Form Notice of Compliance - Workers' Compensation Law (C-105). Most employers get this form from their workers' compensation indemnity transporter. Employers that are accepted by the Board as self-insurers may contact the Self-Insurance Office at 518-402-0247 for copies of this form; while employers that are participating in Group Self-Insurance may contact their Group Administrator.
The Workers' Compensation Board prescribes Form C-105 and requires that the form contain the name, speak to, and phone number of the insurer and the policy number of the employer. It must post in a noticeable place in the employer's place of industry. Violation of this obligation can result in a fine of up to $250 per violation.
If you have any questions regarding worker compensation audit please call the J&L Worker Compensation & Risk Management at 1-800-813-1386.
