Lanco Brokerage > Workers’ Compensation

Workers' Compensation

Why do I need Workers' Comp?

Whether you’re running a construction crew in Queens, a deli with one employee in the Bronx, or a restaurant in Hoboken, workers’ compensation is essential. It’s about more than just meeting legal obligations — it helps you take care of your employees and your bottom line.

What risks Do Workers' Compensation Policies cover?

Workers’ compensation insurance provides coverage for medical expenses, lost wages, and rehabilitation when employees injure themselves on the job or develop work-related illnesses. It also protects your business from potential lawsuits stemming from those injuries. In both New York and New Jersey, this insurance is not just a smart safeguard — it’s legally required in most cases.

  • Covers medical bills, hospital visits, and rehab after workplace injuries
  • Provides wage replacement during an employee's recovery period
  • Shields your business from most employee injury-related lawsuits
  • Supports a safe, compliant, and employee-focused work environment
  • Covers stress injuries, illnesses, and accidents stemming from work
  • Required by law in both NY and NJ, with strict enforcement
People working in a warehouse with workers compensation.

Online Resources for workers' compensation in NY & NJ

Navigating insurance requirements can be overwhelming. While we’re always available to answer your questions, we also encourage you to explore official government resources for additional guidance. The NY Workers’ Compensation Board has a website with extensive online toolkits, claim forms, filing portals, employer obligations pages, and contact centers to help workers and businesses comply with the law and navigate claims. The New Jersey Department of Labor & Workforce Development website provides similar resources specific to New Jersey.

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FAQs

1.) Who is covered and how do independent contractors fit into the system?

Whether an individual counts as an “employee” versus an independent contractor depends on several factors. State regulators use payroll control, right to control work details, tax treatment, and industry-specific tests to ensure who is covered. Employers should not assume that labeling a worker “independent contractor” removes the obligation to provide workers' compensation. State agencies and courts actively examine labels to determine the practical employment relationship. If you are an employer unsure about classification, consult your broker or counsel. Misclassification can lead to back premiums, penalties, and exposure for benefits that would have been payable to injured workers.

2.) What does Part A (Workers’ Compensation Insurance) cover?

Part A, commonly called Workers’ Compensation Insurance, satisfies the employer’s statutory obligation to provide the no-fault benefits an injured employee needs. Those can be medical treatment for work-related injuries and illnesses, wage replacement while unable to work, vocational rehabilitation when needed, and death benefits for eligible dependents.

3.) What does Part B (Employer’s Liability Insurance) cover?

Part B of a workers' compensation policy, or Employer’s Liability, protects the employer for legal exposures that fall outside or above the no-fault workers’ compensation framework. This typically covers defense costs, judgments, and settlements when an employee sues the employer directly under tort theories such as negligence, third-party-over claims, or other common-law causes of action.

4.) What does Part C (Other States Insurance) cover and when is it relevant?

Part C of a workers' compensation policy, often called Other States Insurance, extends your policy so it covers workers in the other states specifically named on the endorsement. This matters if you send employees to work outside the state, or if an out-of-state employer sends workers into your state since those workers typically need coverage that meets your state's law. Carriers calculate premiums for multi-state exposure using the rules and rates that apply in each jurisdiction. Keep in mind that Other States endorsements do not apply to monopolistic fund states, and the exact effect depends on the endorsement language and the list of states included.

5.) What does Part D (Duties After an Injury / Employer and Employee Duties) require?

Part D of a workers' compensation policy describes what employers and employees must do when an injury occurs. This includes prompt notification to the employer, seeking immediate and appropriate medical care, completing employer and carrier reporting forms, and cooperating with investigations.

6.) What does Part E (Premium, Audit and Payroll Classification Provisions) govern?

Part E of a workers' compensation policy governs how premiums are calculated and adjusted. They typically link final premium to payroll and job classifications, authorizing post-policy audits to reconcile estimated and actual exposures, and allow retrospective adjustments where permitted. Accurate payroll records, correct job classifications, and prompt reporting of organizational changes are crucial to avoid surprise premium reassessments or audit charges.

7.) What do the Policy Conditions (Part F / General Conditions) include?

Part F of a workers' compensation policy is the conditions section. It sets contract terms like notice and cancellation procedures, subrogation and recovery rights, cooperation clauses, and dispute resolution mechanics. Employers should review policy conditions with counsel or their broker to ensure the contract aligns with state statutory protections and that procedural obligations under the conditions don't conflict with mandatory state reporting and benefit rules.

8.) Are employees protected against retaliation for filing a workers’ compensation claim?

Both New York and New Jersey prohibit employers from retaliating against employees for filing workers’ compensation claims. Retaliatory actions such as firing, demotion, harassment, or other adverse employment decisions tied to a claim can give rise to separate discrimination or retaliation claims before the workers’ compensation board or other state enforcement agencies. Remedies can include reinstatement, penalties, or back pay. Employees who believe they are being retaliated against should preserve documentation, report the conduct to the appropriate state office, and consider legal counsel because retaliation claims have their own filing rules and remedies under state law.

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