Workersâ Compensation Insurance is one of the most misunderstood coverages in the construction industryâespecially in New York, where regulations are complex, enforcement is strict, and penalties are severe. Whether youâre a GC, specialty contractor, or a small start-up crew trying to stay compliant, here are the 10 most common questions New York contractors ask about Workersâ Compensation insuranceâalong with clear, practical answers.
(For a more detailed answer to a question feel free to Contact Gary Wallach anytime 914-806-5853. We help everyone!)
1. If my employees work out of state for weeks at a time, but only New York is listed under Item 3A on my policy, are they covered?
Maybeâbut coverage may be severely limited, depending on the state.
Workersâ Compensation is jurisdiction-based. If Item 3A only lists New York, your policy guarantees WC coverage only under NY law. If employees travel to other states such as NJ, CT, PA, MA, or FLâeven for short-term jobsâyou may run into:
- No coverage under that stateâs WC system – You will be financially liable for difference in payment levels
- Fines from the other state for failing to secure coverage
- Penalties for uninsured labor
- Forced to secure a separate WC policy in that state
To avoid this, you must either:
â Add appropriate states to Item 3A or â Add âOther Statesâ coverage under Item 3C (where allowed)
Never assume NY coverage automatically follows you across state lines.
2. If I receive a penalty notice claiming I didnât have Workersâ Comp, but I did have employees, what should I do?
Do not ignore itâNY assessments can reach tens of thousands of dollars, and the longer you wait, the worse it becomes.
Hereâs what to do:
- Respond immediately to the Workers’ Compensation Board.
- Provide proof of coverage (policy, certificates, payroll reports, declarations pages).
- If you were uninsured, contact a specialist immediatelyâa negotiated settlement may be possible.
- Explain payroll and operations clearly to reduce the assessed period.
Delays often trigger aggressive collections, liens, and even stop-work orders. Fast action = best outcome.
3. If I exclude myself as an owner from WC coverage, but Iâm injured in a car accident driving back to the office from a job site, am I covered?
Not by Workersâ Compâbecause you excluded yourself.
However, you may have coverage from:
- Auto No-Fault insurance â typically covers basic medical expenses regardless of fault.
- Your health insurance â will usually cover the rest, but may ask whether this should be a Workersâ Comp claim.
The more complicated question is: Was the trip work-related? If yes, and you excluded yourself, you knowingly gave up those benefitsâincluding lost wages and lifetime care benefits that only WC provides.
Many owners unknowingly expose themselves to massive gaps by opting out. At minimum, review the risk carefully.
4. If I hire a day laborer and they get hurt, are they covered under my WC policy?
Almost always: yes.
New York views temporary, part-time, and even casual laborers as employees for WC purposes. Even if someone works one hour, they can qualify for benefits. If you pay cash, use 1099, or claim someone is ânot really my employee,â the state will almost always rule against you.
If you hired them, directed them, or benefited from their work â your WC policy is responsible.
Failing to disclose this payroll during audit can:
- Increase premium
- Create large audit bills
- Trigger fraud accusations
- Lead to stop-work orders
When in doubt, treat them as employees.
5. Why do insurance companies not want to insure contractors who sub out most of their work?
Simple: risk transfer issues and fraud prevention.
Carriers prefer contractors who perform the majority of their own labor. When a contractor subcontracts 80â100% of work:
- They often have less control over jobsite safety
- Higher risk of uninsured subs
- Greater frequency of claims filed against the GC
- Inconsistent payroll reporting
- Potential misuse of âpaper GCâ structures
Insurance companies want predictable, controllable exposure. Heavy reliance on subs = unpredictable exposure = carriers decline the account.
6. Why are my Workersâ Comp audits always so high?
New York audits payroll on an actual payroll basisânot estimated. Most contractors underestimate payroll when binding the policy, causing:
- Surprise audit bills
- Reclassification of employees
- Inclusion of uninsured sub costs
- Penalties for incomplete payroll documentation
Accurate bookkeeping and proper subcontractor certificates are the key to avoiding audit shock.
7. Do 1099 subcontractors need to be covered under my Workersâ Comp policy?
If they do not carry their own valid WC coverage â the state considers them your employees.
This means:
- You pay premium on their payroll
- If they get hurt, your policy pays the claim
- Using 1099 to avoid WC does not protect youâNY will pierce it instantly
Always collect and verify COIs.
8. Why is Workersâ Compensation so expensive for contractors in New York?
Because NY combines:
- High claim frequency
- High medical costs
- Lengthy litigation
- Strict regulations
- Heavy enforcement
- Concentration of high-hazard trades
A simple back strain can cost $100k+. Carriers price accordingly.
9. Can I reduce my Workersâ Comp premium legally?
Yesâoften significantly.
Contractors can lower costs through:
â Accurate classification of employees
â Limiting uninsured subs
â Safety programs and return-to-work plans
â Proper payroll documentation
â Scheduled credit programs
â Switching to competitive carriers
â Reviewing Experience Modification Factors (EMR)
â Using pay-as-you-go options
Many contractors overpay simply because they havenât had a specialist review their account.
10. What happens if I operate without Workersâ Comp in New York?
New York has some of the toughest penalties in the country:
- Fines ranging from $2,000 to $50,000+
- Lawsuits from injured employees
- Criminal charges in extreme cases
- Personal liability for owners
- Inability to bid public jobs
- Stop-work orders
One claim without coverage can bankrupt a company.
Need Workersâ Compensation Insurance Help? Contact BGES Group
BGES Group specializes in Workersâ Compensation for contractors throughout New York. We know the rules, we know the traps, and we know how to protect your company while keeping costs down.
BGES Group – Gary Wallach
Phone: 914-806-5853
Email: bgesgroup@gmail.com
Website: www.bgesgroup.com
If you need help securing Workersâ Comp, understanding your audit, lowering costs, or clearing penalties, weâre here to help.









