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New York Workers' Compensation Requirements

Required from your 1st employee

✓ Verified 2026-09-08 Source: NYS Workers' Compensation Board ↗ See something wrong? Tell us →

At a glance

1st

employee threshold (general)

—

construction threshold (same as general)

Private market

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NYS Workers' Compensation Board

official source (verified 2026-09-08)

The details

Virtually all employers with employees must cover (WCL §2,3). Agricultural/domestic thresholds differ.

If a claim happens: benefit amounts in New York

$1,281.50/wk max weekly wage-replacement benefit (66 2/3% of preinjury wage)

Waiting period: 0 days · Duration: no fixed week cap for TTD — continues while disabled (subject to degree-of-disablement reduction)

7/1/2026-6/30/2027: max $1,281.50 / min $384.45 (WCB Subject 046-1649). Prior year 7/1/2025: $1,222.42; 7/1/2024: $1,171.46 Medical: No dollar cap — authorized care for the life of the claim. Death: Survivors ~2/3 AWW capped at the state max rate; funeral/burial allowance separate (see WCB). Rate cycle: adjusts 07/01 each year. All states' benefit rates →

FAQ

Do I need workers' compensation in New York?

Yes — New York requires coverage as soon as you hire your first employee (full-time or part-time).

What about construction businesses in New York?

Construction businesses follow the same 1 threshold. See details below for industry nuances.

What if I don't carry required coverage in New York?

Penalties vary by state and can include per-employee per-day fines, stop-work orders, and personal liability for injury claims. Check the official source below for New York's current enforcement posture.

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Official source: NYS Workers' Compensation Board · Verified 2026-09-08 (official) · Compare all states · Construction rules · Farm rules