On July 12, 2007, the NYS Workers’ Compensation Board issued a Board Release regarding the recent changes to Section 50 (2) of the Workers’ Compensation Law. Beginning September 9, 2007, all out-of-state employers with employees working in New York State will be required to carry a full, statutory New York State workers’ compensation insurance policy.
This requirement is fulfilled by listing New York in Item 3A on the Information Page of the employer’s workers’ compensation insurance policy. For example, an out-of-state employer who sends their employee to NY for a conference or seminar (even for a day) would be required to list New York in Item 3A on the Information Page of the employer’s workers’ compensation insurance policy.
The amendment to Section 50 (2) only applies to NYS Workers’ Compensation Insurance policies and not NYS Disability Benefit Law policies. Therefore, out-of-state employers are not required to obtain DBL policies unless they employ one or more individuals for 30 consecutive days in New York State.
Please note that the WC/DB- 101 form (Affidavit that an Out-of-State or Foreign Employer Working in New York State Does Not Require Specific New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage) will become obsolete after September 9, 2007.
Therefore, Employers should use Section 5 of the WC/DB- 100 form (Affidavit for New York Entities With No Employees and Certain Out of State Entities, That New York State Workers’ Compensation And/Or Disability Benefits Insurance Coverage Is Not Required) to certify they are exempt from obtaining a NY DBL policy.
(This summary is based on information contained on the NYS Workers’ Compensation Board’s Website and discussions with Board’s Bureau of Compliance personnel.)
"Please note that this is for informational purposes. Only the Board, in its adjudicatory function, is authorized to determine entitlement to benefits based on the specific facts of a case and its application of the Law."