New York Workers' Comp Insurance for General Contractors & Trades (with employees)

New York has no minimum employee-count threshold; virtually all employers must provide coverage for anyone who works for them under Workers' Compensation Law Sections 2 and 3. A sole proprietor with no employees isn't required to carry a policy, and a one- or two-person corporation where each owner holds an office and owns at least one share can also skip coverage if there are no other workers, volunteers, or subcontractors. Coverage becomes mandatory as soon as a business hires its first outside worker.

Common codes for this work include 5606 Construction Executive / Supervisor; 5403 General / Commercial Carpentry; 5645 Residential Carpentry (Detached Homes); 5610 Construction Cleanup / Debris Removal; 5022 Masonry Contractor; 5221 Concrete Flatwork Contractor; 6400 Fence Installation Contractor. New York maintains its own classification system (NYCIRB) rather than NCCI codes. The codes below are NCCI reference codes; your New York classification may carry a different number, and we match it during quoting.

Partners and LLC members are not treated as employees and don't need to be covered unless the business has hired staff. In a corporation with only one or two officers who together own all the stock, those officers can operate without a policy if there are no other workers; once a corporation has more than two officers or shareholders, or two owners who don't jointly hold all the stock, coverage is required even for the owners themselves. Officers who are covered, or who want to formally opt out where the law allows it, typically handle that through election paperwork filed with their carrier, and carriers apply New York's standard executive officer payroll rules for premium calculation.

Failure to secure coverage is a misdemeanor (fines of $1,000 to $5,000) for employers with five or fewer employees, and a Class E felony (fines of $5,000 to $50,000, plus additional penalties) for employers with more than five; a repeat violation within five years can be charged as a Class D felony with fines up to $50,000. Separately, the Board can assess civil penalties of up to $2,000 for each 10-day period without coverage, or double the cost of compensation for that period, and can issue a stop-work order halting all business activity. Corporate officers, sole proprietors, and partners can be held personally liable.

Price is driven by payroll in each class code, the New York rates filed for those codes, your claims history (experience modification), and underwriting factors such as the specific trade mix performed in-house versus subcontracted out; total payroll split between supervisory staff and hands-on crew; whether work is residential, light commercial, or larger commercial jobs. We compare carriers so you can see what you qualify for.

Complete one application and we compare up to 10 carriers in minutes, with the option to purchase online. A Live Certificate is included with your coverage, so proof of coverage is always live and shareable by text or email in seconds.

Most general contractors report payroll under several codes at once — one for supervisory staff, and separate codes for any framing, masonry, concrete, or other trade work performed with their own crews rather than subcontracted out.

An uninsured subcontractor's injured worker can potentially pursue the general contractor as a statutory employer, which is why collecting and tracking a current certificate of insurance from every sub before they start work is standard practice on a jobsite.

No. This coverage is written for contractors with W-2 employees on payroll; owner-only certificate ('ghost') policies are not offered.

Not if they have no employees, though they can voluntarily buy a policy. The requirement kicks in as soon as the business hires its first worker.

Only in a narrow case: a corporation with just one or two officers who together own all the company's stock and have no other workers, volunteers, or subcontractors can operate without a policy for those owners.