 IMPORTANT INFORMATION FOR BUSINESSES:
How to obtain certificates of insurance
How to obtain certificates of exemption from insurance, if eligible
WCB website search tool to check if an employer has insurance
Critical need to respond to WCB inquiry notice to avoid penalties and debarment
Obtaining certificates of insurance:
Businesses applying for a permit, license, contract, or grant from a government entity may need to provide a Certificate of Insurance as proof that the business is covered by a New York State workers’ compensation insurance policy or disability benefits/Paid Family Leave policy. These forms can only be obtained through your insurance carrier or licensed agent, not the New York State Workers’ Compensation Board (Board). Learn more: wcb.ny.gov/content/onlineforms/obtainC105.jsp.
https://www.wcb.ny.gov/content/onlineforms/obtainDB120-1.jsp
Certificates of exemption – who’s eligible?
A Certificate of Attestation of Exemption (CE-200) is used to attest to a government entity that an applicant requesting a license, permit, contract, or grant is not required to carry workers' compensation and/or disability and Paid Family Leave benefits coverage. Entities legally exempt from coverage requirements must obtain the CE-200 certificate online through the New York Business Express Website.
Generally, the following types of entities may obtain this certificate:
- Entities operating in New York State with no employees.
- Out-of-state entities obtaining a contract or license where all the work is performed outside of New York State.
- A homeowner serving as the general contractor for a primary/secondary owner-occupied residence who meets certain criteria.
- A state government agency, municipal corporation, local governmental agency, or other political subdivision or public authority that is legally exempt from providing statutory disability benefits coverage and NYS Paid Family Leave.
“Does Employer Have Coverage?” WCB website search tool
The “Does Employer Have Coverage?” feature on the Board’s website enables users to check an employer’s insurance coverage for workers’ compensation, disability, and/or Paid Family Leave. If coverage is not listed but the employer or entity believes they have a policy, they should contact their insurance carrier, verify the FEIN on the policy, and request the carrier submit proof of coverage electronically to the Board.
Receive a notice from the Board? Respond!
If the Board believes an employer is not in compliance with New York State Workers’ Compensation Law, it will send an inquiry letter allowing the employer an opportunity to respond and explain. Timely response to this inquiry letter is critical. For the fastest results for workers’ compensation-related notices, employers should use the online Respond to Employer Notice feature on the Board’s website, which asks them to enter the WCB Employer # and NC Period # that are listed on the inquiry letter. Notices related to disability benefits or Paid Family Leave must be responded to by mail.
If an employer fails to provide the requested information, the Board will assume the employer is violating the law and will mail the first penalty notice. The penalties for noncompliance can be as high as $2,000 for every 10-day period without coverage. An employer can request a review of the penalty. Learn more: wcb.ny.gov/content/main/Employers/violations-wclaw.jsp
Debarment List Any lapse in required coverage will result in debarment. Debarred businesses cannot bid on or be awarded any public work contracts, subcontracts, grants, permits, or licenses for a minimum of one year.
Need assistance? Contact the Advocate for Business.
The Office of the Advocate for Business is the liaison between New York State's business community and the Board, giving employers one place to contact for answers to their questions about workers' compensation, disability benefits, and Paid Family Leave. Have a question or an issue – the Advocate can help! You can reach the office by calling 518-486-3331 or emailing advocatebusiness@wcb.ny.gov.
Want to learn more tips and best practices? View past issues on the Efficiency Enhancements webpage.
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