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New York Notice of Election of Municipal Corporation Or Other Polictical Subdivision To Bring Executive Officers Under WC Coverage

State:
New York
Control #:
NY-C-105.31-WC
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Description

Notice of Election of Municipal Corporation Or Other Polictical Subdivision To Bring Executive Officers Under WC Coverage

The New York Notice of Election of Municipal Corporation Or Other Political Subdivision To Bring Executive Officers Under WC Coverage is an official document issued by the New York State Department of Labor to notify a municipal corporation or other political subdivision regarding the election to bring executive officers under Workers’ Compensation coverage. This document provides the political subdivision with information about the election process, including the options for coverage, the costs associated with coverage, and the filing requirements. There are two types of election: voluntary election and mandatory election. With a voluntary election, the political subdivision can choose to bring all executive officers under Workers’ Compensation coverage or to limit coverage to certain executive officers. With a mandatory election, the political subdivision must provide coverage for all executive officers. The filing requirements for the election depend on the type of election chosen. For voluntary election, the political subdivision must file the election notice with the Department of Labor within 30 days of the decision to cover executive officers. For mandatory election, the political subdivision must file the election notice with the Department of Labor within 10 days of the decision to cover executive officers.

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FAQ

Executive officers of a corporation are mandatorily covered under the New York Workers' Compensation Law and have the same status as employees under the policy.

One specific exception to the going-and-coming rule is when the employer compensates the employee for travel time to and from work. (See Hinman v. Westinghouse Electric Co. (1970) 2 Cal.

Workers' Compensation coverage is not required if the business is a one or two person owned corporation, with those individuals owning all of the stock and holding all offices of the corporation (each individual must hold an office and own at least one share of stock).

Employees who are eligible for wage replacement benefits pursuant to the Workers' Compensation Law receive no wage replacements for the first seven calendar days of disability (which is the Workers' Compensation Law initial waiting period), unless the disability extends beyond 14 calendar days.

Workers' Comp Exemptions in New York Corporate officers who are not excluded from coverage must also utilize a minimum payroll of $45,500 in order to calculate the cost of workers' comp insurance.

The ?coming and going? rule under the Workers' Compensation Law states that employees are not deemed to be in the course of their employment when they are traveling to-and from-work. Matter of Neacosia v. New York Power Authority, 85 NY2d 471 (N.Y.

The length of time you can stay out on workers' compensation will range from 225 to 525 weeks. However, the number of weeks and amount of money you can collect from workers' comp for your work-related injury each week will vary, depending upon your individual circumstances.

While the Going and Coming Rule denies workers compensation benefits to employees injured while commuting to work and home from work, it's only based on the premise that the employers derive no benefit when the worker is commuting.

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New York Notice of Election of Municipal Corporation Or Other Polictical Subdivision To Bring Executive Officers Under WC Coverage