Workers’ comp requirements by state · Reviewed October 2026

New York workers’ comp and subcontractor insurance requirements

What general contractors, property managers and other businesses hiring subcontractors in New York need to know: who has to carry workers’ comp, when you’re on the hook for an uninsured sub, and what to collect before work starts.

New York at a glance

Who must carry workers’ compNearly all employers with 1 or more employees.
Where coverage comes fromPrivate insurers, plus self-insurance where approved
RegulatorNew York State Workers’ Compensation Board

Are you liable for an uninsured sub in New York?

If a subcontractor is uninsured, the contractor that hired it is liable for its employees (Workers’ Compensation Law § 56).

Separately, your own workers’ comp premium auditor may charge you for an uninsured sub’s payroll. Collecting a current certificate for every sub is the simplest protection. See workers’ comp audits and uninsured subcontractors, or estimate the cost with the workers’ comp audit calculator.

New York-specific things to know

What to collect from subcontractors in New York

Common contract minimums

These aren’t set by New York law. They’re typical subcontract requirements that you can adjust by trade and project size.

CoverageTypical minimum
General liability$1M each occurrence / $2M aggregate, additional insured, primary and non-contributory
Auto liability$1M combined single limit
Umbrella / excess$1M–$5M+, by trade risk and project size
Workers’ comp / employers’ liabilityStatutory / $500K–$1M each, waiver of subrogation

Generate requirements by trade with the subcontractor insurance requirements generator.

Frequently asked questions

Is workers’ comp required in New York?

Nearly all employers with 1 or more employees. Confirm details with the New York State Workers’ Compensation Board.

Is a general contractor liable for an uninsured subcontractor in New York?

If a subcontractor is uninsured, the contractor that hired it is liable for its employees (Workers’ Compensation Law § 56).

What insurance should I require from subcontractors in New York?

State law sets workers’ comp rules; your contract sets everything else. Common minimums are general liability of $1M per occurrence and $2M aggregate, auto liability of $1M, workers’ comp with employers’ liability of $500K–$1M, and additional insured status and waiver of subrogation in your favor.

General information, not legal or insurance advice. Last reviewed October 2026. Rules change, so confirm with the New York State Workers’ Compensation Board or a licensed professional.

Other states

Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming

Keep every sub’s certificate current

Certy reads each COI, checks it against your requirements, and reminds subs before coverage lapses.

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