Workers' Compensation Law (WCL) §57 and §220[8] require the heads of all municipal and State entities to ensure that businesses applying for permits, licenses or contracts have appropriate workers' compensation and disability and Paid Family Leave benefits insurance coverage. This requirement applies to both original issuances and renewals, and also applies whether the governmental agency is having the work done or is simply issuing the permit, license or contract.
Ensuring that businesses receiving permits, licenses or contracts from municipal and State agencies, comply with the WCL protects both injured workers and employers. In addition, such oversight helps to level the playing field, by strictly enforcing the requirement that all businesses maintain mandatory insurance coverages. Municipal and State agency cooperation in enforcing WCL §57 and §220[8] is a critical component of encouraging business compliance.
WCL §57 — Restriction on Issue of Permits and the Entering of Contracts Unless Compensation Is Secured
§57 of the WCL requires the heads of all State and municipal entities, prior to issuing any permits, licenses or entering into contracts, to ensure that businesses applying for those permits, licenses or entering into contracts have appropriate workers' compensation insurance coverage.
Please note: ACORD forms are NOT acceptable proof of New York State workers' compensation coverage under WCL §57.)
Complying with the Law
To comply with the provisions of WCL §57, businesses must:
- be legally exempt from the requirement to provide workers' compensation insurance coverage;
- obtain coverage from an insurance carrier; or
- be self-insured.
Businesses requesting permits, licenses, or contracts from a state or municipal entity must provide ONE of the following:
- Certificate of Workers' Compensation Insurance (C-105.2) The business' insurance carrier will send this form to the government entity upon request. Please note: The State Insurance Fund provides its own version of this form, the U-26.3; or
- Certificate of Worker's Compensation Self-Insurance (SI-12) Businesses that are self-insured in NYS for workers' compensation insurance should call the Workers' Compensation Board's Self-Insurance Office at (518) 402-0247 to obtain this form; or
- Certificate of Group Worker's Compensation Self-Insurance (SIG-105.2) The business' Group Self- Insurance Administrator will send this form to the government entity upon request; or
- Certificate of Attestation of Exemption (CE-200) The Certificate of Attestation of Exemption (CE-200) must only be used to show a government agency that the business is not required to obtain New York State workers' compensation and/or disability and Paid Family Leave benefits insurance. Form CE-200 may not be used to "prove exemption" from workers' compensation and/or disability and Paid Family Leave benefits insurance to another business or that business's insurance carrier.
Please note: Certificate of Attestation of Exemption (CE-200) may be filed by out-of-state employers for a NYS workers' compensation exemption only if all work for the permit, license or contract is done outside of New York and no employees of the out-of-state business work in the state.
Contact the Board
Businesses who are unsure whether they are required to obtain a New York State workers' compensation insurance policy should contact the Bureau of Compliance at (866) 298-7830.