Overview
The Office of the Advocate for Business is the liaison between New York’s business community and the Workers’ Compensation Board, giving employers one place to contact for answers to their questions about workers’ compensation, disability benefits and Paid Family Leave.
The Advocate for Business:
- Works with employers (particularly small business), business associations and employer groups to hear, report and offer solutions to issues they’ve been unable to resolve elsewhere;
- Assists businesses with insurance coverage problems and compliance with the Workers’ Compensation Law; and
- Educates employers and government personnel on their responsibilities and how the New York State workers’ compensation system works.
New! Introducing Anthony Tomaselli, the Board's new Advocate for Business (3/2/23)
Free Webinar Sessions
The Advocate for Business has been hosting monthly webinars to educate business owners/employers on the basics of the workers' compensation system, including insurance types, coverage requirements, and employers' obligations under the law.
Each one-hour session also covers:
- Who does and does not need coverage.
- How and when to report an injury or illness (including COVID-19).
- Considerations when hiring independent contractors, laborers, and domestic workers.
- Tips for lowering premiums.
- Penalties and where to go for assistance with them.
Sessions are free and there is time at the end for questions. Registration is required. To register for an upcoming session, visit the Webinars for Employers page.
Don’t want to wait? You can watch this recording of our most recent webinar:
- Protecting Yourself and Your Team: Coverage Essentials for Businesses - November 2024: Video
Ask the Advocate
In this ongoing feature, the Board's Advocate for Business addresses timely and/or frequently asked questions from business owners and employers.
Featured Q&A:
-
New! Dear Advocate: All of the people I hire are independent contractors. Do I need workers’ compensation or disability insurance? What about Paid Family Leave?
Watch this short video, or read on:
That depends on several things. First, the construction and transportation industries have specific criteria that must be met for independent contractors.
You will also find details there for workers who are outside the construction and transportation industries; they may be independent contractors if they:
- Control the time and manner in which the work is to be done.
- Obtain a Federal Employer Identification Number from the Internal Revenue Service or has filed any business or self-employment income tax returns with the IRS based on work or service performed the previous calendar year.
- Maintain a business establishment that is separate from your business.
- Perform work that is different from the primary work of your business and performs work for other businesses.
- Operate under a specific contract and is responsible for satisfactory performance of work done under the contract and is subject to profit or loss in performing the contracted work and is in a position to succeed or fail if their business expenses exceed income.
- Obtain a liability insurance policy and, if appropriate, workers' compensation, disability benefits and Paid Family Leave insurance policies under their own legal business name and federal employer identification number.
- Have recurring business liabilities and obligations.
- Have business cards or advertises or publicizes their own business, not another entity.
- Provide all equipment and materials necessary to fulfill the contract.
- Work under an independent operating permit, contract or authority.
Do not assume that issuing a 1099 tax form alone is enough. You need to make sure your independent contractors are truly independent. If they’re not, then you may need certain types of coverage, depending on how many hours they work for you per week.
If you’re having difficulty or need assistance, you can call 518-486-3331 or send us an email and you can Ask the Advocate!
Do you have a question for the Advocate for Business?
Check out past Q&As Ask a Question
Contact the Advocate for Business
You can contact the Advocate for Business for general information, assistance with a workers’ compensation, disability benefits or Paid Family Leave question or issue, or to schedule educational session.
- Phone: (518) 486-3331
- Email: advocatebusiness@wcb.ny.gov
Please be prepared with the following information:
- Complete corporate name
- Contact person name, phone number and email address
- Insurer and policy number
- Federal employer identification number or WCB employer number
- Brief description of request or the problem and any correspondence received.
Resources
- Protecting Yourself and Your Team: Coverage Essentials for Businesses - November 2024: Video