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New York Workers' Comp Board Announces New Policy

Employers from all over the world send employees to New York for various reasons. For example, a technology company based in Texas could send an employee to the state to attend an important conference. A construction company could take a job in New York but be based in another state. Or a trucking company could be located in Wisconsin and send drivers to New York to pick up or deliver goods.

Last week, the New York Workers' Compensation Board announced its policy regarding holding out-of-state employers accountable for New York's workers' compensation laws. The policy continues our state's tradition of protecting construction workers while also making logical exceptions for employers whose employees do not routinely work in New York.

The policy outlines multiple conditions that employers must meet in order for New York workers' compensation laws to apply. The most obvious of which is having a physical location in the state. In addition, the Workers' Compensation board asserted its power to enforce state laws regarding compensation for injured or sickened workers when out-out-state employers:

  • Are for any reason required to register with the New York State Department of Labor
  • Employ individuals who work primarily in New York
  • Obtained a permit, contract or license from a state, county or municipality authority to work in New York
  • Are involved in a construction project in New York, whether the employer is a contractor or subcontractor on the project
  • Requires employees to be in New York for a specified period of time

Employers must meet only one of the specified conditions. The press release also specifically noted that out-of-state employers whose employees are driving through New York but not stopping for deliveries or pickups. Also, out-of-state employers whose employees come to New York for conferences or other meetings less frequently than once per month are not subject to enforcement by the New York Workers' Compensation Board.

Source: New York Workers' Compensation Board, "New York Workers Compensation Board Out-Of-State Employers Policy," 22 Nov 2010

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