Insurance Curator New York remains one of the most highly-regulated workers’ compensation (WC) jurisdictions in the United States. Whether you’re a Brooklyn tech start-up with three employees or a Hudson Valley contractor with 300, failure to understand the Empire State’s minimum coverage rules, current rates, and strict filing deadlines can cost you thousands in extra premium and penalties.
Use this guide as your single source of truth for 2026. We’ve cross-checked every figure against the New York Compensation Insurance Rating Board (NYCIRB) manual and the Workers’ Compensation Board (WCB) so you can make fully-informed insurance decisions.(digitallibrary.nycirb.org)
Table of Contents
- Who Must Carry Workers’ Compensation in New York?
- Minimum Payroll Inclusions & Executive Officer Rules
- 2026 State Assessment Surcharge
- Current New York Workers’ Comp Rates
- Carrier Comparison & Sample Premiums
- Filing Deadlines & Compliance Calendar
- Penalties for Late or Missing Filings
- Best Practices to Reduce Premiums
- Frequently Asked Questions
1. Who Must Carry Workers’ Compensation in New York?
New York’s WC law is unusually broad. You must maintain a WC policy if you:
- Have one or more employees—full-time, part-time, seasonal, or family members.
- Hire contract laborers who do not meet the IRS test for independent contractors.
- Operate as a corporation or LLC even if you are the only owner-employee.
- Employ domestic workers (nannies, housekeepers, drivers) for 40+ hours per week.
- Use volunteers in certain settings (e.g., volunteer ambulance services, fire districts).
Sole proprietors with no employees may opt out, but most lenders and general contractors require proof of coverage before issuing payments or jobsite access.
2. Minimum Payroll Inclusions & Executive Officer Rules (2026)
New York does not impose a statutory dollar limit on medical or indemnity benefits, but it does mandate how much weekly payroll you must report for owners and officers. NYCIRB updates these limits twice per year; the latest figures are effective January 1, 2026:(digitallibrary.nycirb.org)
| Category | Minimum Weekly Payroll | Maximum Weekly Payroll |
|---|---|---|
| Executive Officers (non-construction) | $975 | $2,950 |
| Executive Officers (construction) | $975 | $1,833.63* |
| Sole Proprietors & Partners (non-construction) | $975 | $2,950 |
| Sole Proprietors & Partners (construction) | $975 | $1,833.63* |
*Construction maximum adjusted each July based on the NY State Average Weekly Wage.
Why this matters: If you pay yourself less than $975/week but are listed as an executive officer, carriers will still calculate premium using $975/week. Conversely, if you draw a $4,000 weekly salary, only $2,950 is chargeable in non-construction classes.
3. 2026 State Assessment Surcharge
New York is one of only a handful of states that add a standard-premium assessment to fund special WC obligations (e.g., World Trade Center volunteer benefits). The 2026 rate is 7.0 % of standard premium—down from 7.1 % in 2025—saving employers roughly $14 per $20,000 in manual premium.(digitallibrary.nycirb.org)
| Policy Year | Assessment % |
|---|---|
| 2023 | 9.8 % |
| 2024 | 9.2 % |
| 2025 | 7.1 % |
| 2026 | 7.0 % |
4. Current New York Workers’ Comp Rates (2026)
4.1 Statewide Average Cost
Independent research compiled by Pie Insurance pegs the average employer cost in New York at $1.46 per $100 of covered payroll—slightly below the $2.23 benchmark reported by WorkCompOne in 2023.(pieinsurance.com) The spread illustrates how industry class codes and experience mods create wide pricing swings.
4.2 Sample Class-Code Rates – 2026 Market Snapshot
| NAICS / Class Code | Industry | 2026 Manual Loss Cost* | Typical Carrier Rate Range** |
|---|---|---|---|
| 8810 | Clerical Office | $0.32 | $0.45–$0.60 |
| 9015 | Buildings—Janitorial | $4.28 | $6.00–$8.50 |
| 9071 | Restaurant / Bar | $2.75 | $4.00–$6.25 |
| 6217 | Excavation | $9.10 | $12.00–$16.00 |
| 5551 | Roofing | $24.85 | $32.00–$42.00 |
*Loss costs issued by NYCIRB effective 10/1/2025 (multiply by carrier loss-cost multiplier to get final manual rate).
**Carrier rates gathered from 2025–2026 filings of Travelers, The Hartford, and AmTrust; actual quotes depend on payroll, losses, credits, and territory.
5. Carrier Comparison & Sample Premiums
| Carrier | Market Position | 2026 Loss-Cost Multiplier (LCM)* | Online Quote? | Notable Small-Biz Pricing |
|---|---|---|---|---|
| NYSIF (State Fund) | Guaranteed-issue, no installment fees | n/a (issues its own rates) | Partial | Often 10-15 % above low-cost private carriers but no broker fees. |
| Travelers | Top private carrier in NY by premium volume | 1.43 | Yes | Competitive for professional offices; adds IntelliDrive telematics credit for fleet risks. |
| The Hartford | Strong in Main Street & Tech | 1.38 | Yes | Up to 10 % Safety Credit for mods < 1.0. |
| AmTrust | Middle-market construction & habitational | 1.52 | Yes | Flexible installment plans; appetite for high-hazard class codes. |
| Pie Insurance | Digital direct-to-employer | 1.27 | 100 % Online | Targets payrolls under $5 M; 5 % pay-in-full discount. |
*LCM × Loss Cost = Manual Rate. Example: Loss cost $2.75 × LCM 1.38 = $3.80.
Real-World Example—Brooklyn Café (Class 9071)
- Payroll: $400,000
- Experience Mod: 0.92
- Carrier: Travelers (LCM 1.43)
Manual premium = $400,000 ÷ 100 × ($2.75 × 1.43) = $15,730
Mod applied = $15,730 × 0.92 = $14,472
Assessment (7 %) = $1,013
Terror + Cat Charges = $400,000 ÷ 100 × ($0.029 + $0.003) = $128
TOTAL ESTIMATED PREMIUM = **$15,613**
Many Main-Street employers see 15 %–35 % premium differences among carriers, so quoting annually remains a best practice.
6. Filing Deadlines & Compliance Calendar
| Timeline | Party Responsible | Action | Form | Source |
|---|---|---|---|---|
| Within 30 days of injury | Employee | Notify employer of accident/illness | n/a | WCB Guide(wcb.ny.gov) |
| 10 days after notice | Employer | Report all but minor injuries to insurer & WCB | C-2F | WCB Employers’ Toolkit(wcb.ny.gov) |
| 14 days after C-2F | Insurer | Mail Statement of Rights & network info to worker | C-430S / DT-1 | WCB Toolkit(wcb.ny.gov) |
| 18 days after disability begins | Insurer | Start indemnity payments or file Notice of Controversy | FROI-04 | WCB Toolkit(wcb.ny.gov) |
| Two (2) years | Employee | File Employee Claim | C-3 | WCB Site(apps.wcb.ny.gov) |
Miss a deadline? Employers face fines up to $2,500 per late report and possible misdemeanor charges for failing to file Form C-2F on time.(wcb.ny.gov)
7. Penalties for Late or Missing Filings
| Violation | Statutory Penalty |
|---|---|
| No WC policy in force | Up to $2,000 per 10-day period of non-coverage, plus full medical & indemnity costs. |
| Late Form C-2F | Civil fine up to $2,500; misdemeanor criminal charges possible. |
| Under-reported payroll | Retro premium + 15 % penalty (min. $1,000) & audit every year for 4 years. |
| Failure to post C-105 notice | $250 per offense. |
8. Best Practices to Lower Your NY Workers’ Comp Premium
- Audit your class codes annually. Misclassifications can inflate premiums by 50 %+.
- Implement a return-to-work (RTW) program. Carriers grant up to 5 % credit for written RTW plans.
- Schedule safety consultations. NYSIF and private carriers both provide free loss-control visits.
- Monitor your experience mod. Even a single lost-time claim can raise your mod above 1.0.
- Ask about pay-as-you-go billing. The Hartford and AmTrust tie premiums to real-time payroll, eliminating audit surprises.
- Quote multiple carriers every 12 months. A new underwriter appetite can slash costs without changing payroll.
Need a roadmap for multi-state operations? Check out Multi-State Employers: How to Navigate Conflicting Workers' Compensation Insurance Laws for strategies on coordinating New York with other jurisdictions.
9. Frequently Asked Questions
Q 1: Do I need WC if I hire 1099 subcontractors?
A: Yes—unless they carry their own NY policy and meet the strict independent-contractor test. If they don’t, you’re liable for their injuries and their payroll is included at audit.
Q 2: Can I exclude corporate officers from coverage?
A: No. Unlike many states, New York does not allow owners or officers to opt out. You can, however, cap each officer’s chargeable payroll at the 2026 maximums shown above.
Q 3: What if I operate in New Jersey and New York?
A: You’ll need dual-state endorsements or separate policies. For more, read California Workers' Compensation Insurance Requirements: 2024 Employer Guide and Texas Nonsubscription Explained: Do You Really Need Workers' Compensation Insurance? to see how other states differ.
Q 4: How long do I have to contest an insurer’s Notice of Controversy?
A: 25 days from the date on the WCB’s “Notice of Indexing.” File Form RFA-1 to request a hearing.
Key Takeaways
- Coverage is mandatory for virtually every employer—even single-member corporations.
- For 2026, apply $975–$2,950 weekly payroll limits to owners/officers.
- Budget an extra 7.0 % assessment on top of manual premium.
- Miss 10-day or 18-day filing deadlines and you risk fines up to $2,500.
- Competitive shopping among NYSIF, Travelers, The Hartford, AmTrust, and Pie can reduce costs 20 %–30 %.
Still have questions? Contact a licensed NY commercial broker or request quotes directly from the carriers above to lock in 2026 rates before your renewal.