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Temporary Employees and Workers’ Compensation in New York State

Erwin, McCane & Daly | Thursday, January 08, 2015


If you’re a business who uses temp employees, it’s important to know what New York State says about workers’ comp and who is responsible for carrying the necessary insurance.

As a Business Using Temporary Employees in New York

In New York State, you may not, as a business:

“Borrow” employees from another business unless your business and the other business both have workers’ compensation and disability insurance in your legal names.

An exception would be if a business obtains ALL employees from a Temporary Service Agency. That TSA must have a full NYS workers’ compensation insurance policy and directly pay the individuals, provide their direction/control, and maintain the ability to hire and fire those employees.

If You Are A Temporary Employee Working in New York State


It’s okay to inquire about the insurance necessary to cover workers’ compensation for employees, whether you are a permanent full-time employee or working for in a temporary capacity.

Always keep in mind that if you live or work in New York State and suffer a work-related injury, illness or disability, you may be eligible for workers’ compensation benefits.

Any time a serious injury occurs in the workplace, it is advisable to speak with a lawyer. At Erwin, McCane, And Daly, this is our specialty and all we do. Contact us by email or call 518-449-2245 and speak with us about setting up a consultation.