New New York contractors with no workers' comp on file.
Every firm that registers for New York public work tells the Department of Labor about its workers' compensation coverage. Some register with no policy on file. Here's who can legally do that, what changes the day they hire a crew, and why that gap is worth a call.
How often it happens
In the three days from October 26 to 28, 2026, 41 companies registered for New York public work for the first time. Five of them, about one in eight, had no workers' compensation policy on file with their registration. Sole proprietors are left out of that count, so these are LLCs and corporations.
The registry records each firm's Workers' Compensation Board employer number and whether it holds workers' comp and disability coverage. When no policy is on file, the firm is in effect saying it's exempt. That can be true today and stop being true the week it wins a job.
Who can work without workers' comp in New York
Very few businesses with anyone working for them. The Workers' Compensation Board's main exemption for a company with no employees is narrow:
- A corporation owned by one or two people, who own all the stock and each hold a corporate office, doesn't need coverage while nobody else works for it.
- A corporation with more than two officers or more than two shareholders does need coverage.
- Employees, part‑time workers, day laborers, leased or borrowed workers, unpaid volunteers (family included), other stockholders and subcontractors all end the exemption.
Public work rarely stays a two‑person job. A firm that registered exempt to bid will usually need a policy before its first crew shows up.
What public owners ask for
Under Workers' Compensation Law §57, a state agency or municipality issuing a contract, permit or license has to see one of these before it does:
| C‑105.2 | Certificate of workers' comp insurance, sent by the firm's insurance carrier |
|---|---|
| U‑26.3 | The State Insurance Fund's version of the same certificate |
| SI‑12 | Certificate of self‑insurance |
| SIG‑105.2 | Certificate of group self‑insurance |
| CE‑200 | Certificate of attestation of exemption, for a business that isn't required to carry coverage |
An ACORD certificate is not accepted as proof of New York workers' comp. Businesses also need disability and Paid Family Leave coverage, which has its own proof. A CE‑200 only works with a government agency. It can't be used to prove exemption to a general contractor or an insurance carrier, so a sub without a policy has nothing to show the prime.
What going without costs
| Civil penalty | Up to $2,000 for each 10‑day period without coverage, or up to twice the cost of coverage for that period |
|---|---|
| Stop work order | Can be issued to a business without coverage, halting all business activity |
| Criminal | Misdemeanor for five or fewer employees in 12 months; class E felony for more than five |
| Claims | The uninsured employer pays wage and medical benefits itself, and the employee can sue it directly |
| Personal liability | Sole proprietors, partners, and a corporation's president, secretary and treasurer |
Source: the Workers' Compensation Board's pages on penalties for not having coverage and on proof for permits, licenses and contracts.
Why it's a good lead for an agent
- The timing is known. A firm registers to bid. If it wins, the owner asks for a C‑105.2 before work starts, and it can't produce one without a policy.
- The need is concrete. You aren't selling a better rate. You're solving the certificate the owner or the prime is asking for this month.
- It comes with the rest of the package. Public jobs also mean general liability, auto, disability and Paid Family Leave, and often bonds.
- Out‑of‑state firms need a look too. A firm entering New York for the first time should confirm its policy covers its people while they work here.
The flag isn't proof of a violation. A firm with no policy on file may be exempt today, may have bought a policy since it registered, or its filing may be out of date. Treat it as a reason to call, not an accusation.
Common questions
Does a two‑person LLC need workers' comp?
It depends on how it's set up and who works for it. Once anyone besides the owners works for it, including part‑time help, day laborers or subs, the usual answer is yes. Check the Workers' Compensation Board's coverage pages for the exact rule for each business type.
Can I see which new registrants have no workers' comp on file?
The state registry shows coverage for each certificate, mixed in with thousands of renewals. Prevailwire's Monday list separates out the first‑time registrants and flags the ones with no workers' comp policy on file, with phone, address and trade. Get a free sample issue.
Is an ACORD certificate enough for a New York public owner?
No. For New York workers' comp, a government entity needs the carrier's C‑105.2, the State Insurance Fund's U‑26.3, a self‑insurance certificate, or a CE‑200 exemption.
See this week's new registrants.
A free slice of the latest list, including how many have no workers' comp policy on file.
Related guides
- New York's public work contractor registry, explained
- Spotting New York public jobs the week they start
This guide is general information, not legal or insurance advice. Check current rules with the New York State Workers' Compensation Board.