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New York Initial Application By Employee of Licensee Under Section 50...

New York Initial Application By Employee of Licensee Under Section 50 3-b Or 50 3-d To Appear Before WCB

Q: Who is exempt from workers compensation in NY?

Workers&#039; 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).

Q: Do I need workers comp insurance for myself in NY?

Workers&#039; compensation coverage is required for sole proprietors with employees, including part-time employees, borrowed employees, leased employees, family members, and volunteers (WCL 3 Groups 1-14-a).

Q: Do members of an LLC need workers comp in NY?

Workers&#039; compensation coverage IS NOT required for partnerships, LLCs, and LLPs that do not have employees. Members and partners are not considered employees for the purposes of obtaining workers&#039; compensation insurance, but may voluntarily cover themselves under a workers&#039; compensation policy.

Category:

Civil Actions - Trover and Conversion

State:

New York

Control #:

NY-OC-403.2-WC

Format:

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Description

Initial Application By Employee of Licensee Under Section 50 3-b Or 50 3-d To Appear Before WCB

A New York Initial Application By Employee of Licensee Under Section 50 3-b Or 50 3-d To Appear Before WEB is a document filed by an employee of a licensee to initiate a formal hearing before the Workers' Compensation Board (WEB). This application is the first step in the workers' compensation process, where an employee can make a claim for financial benefits or medical care related to a work-related illness or injury. There are two types of initial applications: Section 50 3-b and Section 50 3-d. The Section 50 3-b application is used when an employee is seeking an award of compensation for the death of a worker due to a work-related injury or illness. The Section 50 3-d application is used when an employee is seeking benefits for a work-related injury or illness that has not resulted in death. Both applications must be filed with the WEB, and the employee must provide proof of the injury or illness, including medical records, and the date of the incident. Once the application is filed, the WEB will review the case and determine if the employee is eligible for benefits. If the employee is eligible, they will be notified and the hearing process will begin.

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FAQ

Disability and Paid Family Leave benefits coverage is not required for independent contractors because they are not employees as defined in the Disability Benefits Law.

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).

Virtually all employers in New York State must provide workers' compensation coverage for their employees (WCL §2 and 3). Employers must post notice of coverage in their place(s) of business (WCL §51).

The only situations in which an employer would not be required to provide coverage are: If the business is owned by one individual and there are no employees, leased employees, borrowed employees, part-time employees, unpaid volunteers, or subcontractors.

Independent contractors You may need insurance even for those receiving 1099s. Workers' compensation insurance protects employers and employees against financial loss in the event of a work-related injury or illness. Employers must continuously carry workers' compensation insurance for their employees.

Workers' compensation coverage is required for sole proprietors with employees, including part-time employees, borrowed employees, leased employees, family members, and volunteers (WCL §3 Groups 1-14-a).

Workers' compensation coverage IS NOT required for partnerships, LLCs, and LLPs that do not have employees. Members and partners are not considered employees for the purposes of obtaining workers' compensation insurance, but may voluntarily cover themselves under a workers' compensation policy.

Penalty Process The penalties for noncompliance can be as high as $2,000 for every 10-day period without coverage. By the time an employer receives their first penalty notice, the penalty may be more than $12,000.

More info

§50 3-b of the New York State Workers' Compensation Law. Pursuant to sections 24-a, 50(3-b) and 50(3-d) of the Workers'.50. Security for payment of compensation. An employer shall secure compensation to his employees in one or more of the following ways: 50. Security for payment of compensation. B.2) must submit a Five. Year Action Plan to NTIA within 270 days of receipt of Initial Planning Funds, as described in. The ten most-downloaded forms also appear in the "Frequently used forms" section. In citing multiple sections of a statute in running text, the form is: Town Law §§ 198, 199 (1) (a), (b) and (3) and 200 provide . . . (1) An occupational health and safety program as outlined in section 3.