New York Workers' Comp Insurance for Home Health Care Agencies

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 8835 Home Health Care Services; 8810 Clerical Office Employees; 8842 Group Homes. 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 split between field caregiving staff and office-based scheduling and administrative staff; level of care provided, from companionship to hands-on nursing care; whether the agency also operates a group home or residential setting. We compare carriers so you can see what you qualify for.

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No — home, public, and traveling healthcare has its own classification built around care delivered outside a fixed facility, which reflects the different exposure of working alone in a client's home versus a controlled clinical setting.

It can — group-home operations are typically rated under a related residential-care classification separate from staff who make one-on-one home visits, since supervising a residential setting carries different exposure.

Most home health aides performing regular, supervised caregiving work are properly classified as employees; misclassifying them as independent contractors to avoid workers' comp is a common audit finding that can result in back premium and penalties.

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.