Does my employer have to have workers’ compensation insurance?

On Behalf of | Aug 28, 2019 | Workers’ Compensation

It would be very disappointing and frustrating to find out that your employer does not have workers’ compensation insurance after you suffer an injury at work. However, in some cases, you may find that to be true because New York law does not require every employer to offer this insurance coverage. The good news, according to the Workers’ Compensation Board, is that the employers who do not have to have workers’ compensation insurance are a very limited group.

Chances are quite good that your employer will offer this insurance for any accident you have at work. Even so, there are some employers who do not have to carry it, so this is important to know.

If you own your own business and do not have any employees, then you do not have to have insurance. In this case, though, your own medical insurance should cover any accidents, but you may also want to get additional insurance to cover time off work and business losses in the event you are injured to the point where you cannot work and must close your business until you recover.

If you have a corporation owned by only you or you and one other person and you hold all the stock in the company and have no employees, then you are exempt. You cannot have any employees or workers of any kind, though. You also need to hold all the officer positions in the company and run the business solely on your own to be exempt.

Finally, if you have a partnership and no employees, then you do not need coverage. This information is for education and is not legal advice.