While working for your employer, it is your duty to know about the coverage and benefits currently elected by the employer. An employer who fails to provide disability benefit coverage, which is required by law, will be subject to the employer penalties in addition to the cost of any claims which are associated with noncompliance. The New York State Workers’ Compensation Board offers a web based application which allows you to search for an employer and their coverage information. At this time, there is not a charge for performing this search.
Disability Benefits Coverage
It is important to know that The Workers’ Compensation Board reserves the right under the Disability Benefits Law (DBL) to determine when coverage is required for an employer. Because of this, sole proprietors, partners of a partnership, the President, Secretary, and Treasurer of a corporation may potentially be held personally liable for an employer’s failure to obtain disability insurance for the business.
When searching for an employer and coverage information through the Workers’ Compensation Board web based application, the information listed displays submissions from the insurance carriers.
- Workers Compensation policy and coverage information from start to current date.
- Disability Benefits coverage information from start to current date.
- Paid Family Leave coverage.
- Proof over coverage is updated on a regular basis by the Proof of Coverage filings from the carriers.
Penalties for Noncompliance with Disability Benefits
In accordance with Section 220 (2) of the Disability Benefits Law, The Board shall impose on an employer a penalty of ½ of one percent of the employer’s payroll during the noncompliance period, in addition to a sum of money for each period of noncompliance.
Section 220 (1) of the Disability Benefits Law states that not securing the required disability benefits insurance is a misdemeanor, which is punishable with a fine, imprisonment, or potentially both. If an employer has an additional violation within five years, it may result in a second fine; this would also happen if they were to make a third subsequent violation within five years.
If your search does not display the employer you are looking for, or, if you suspect an employer is operating without workers’ compensation coverage, you are encouraged to submit an Employer Whistleblower Form to the Workers’ Compensation Board. This submission can be done online or you can submit the form through the mail For additional information about workers’ compensation, disability insurance, contact Erwin, McCane & Daly, our attorneys will help you achieve a better understanding of your rights.