Remote or Out-of-State Staff: Do I Need NY Comp?

If you have an employee who regularly works in New York, then yes, you need a New York workers compensation policy that lists New York, even if your business is based somewhere else. What matters is where the work actually happens: an employee who lives and works in New York is a New York employee for coverage purposes, while someone who only passes through is treated differently.

Who this is for: Owners with remote employees in New York, employees who cross state lines, or an out-of-state business with any New York work. Workers comp pays medical bills and part of lost wages when a worker is hurt on the job, and the state where the work happens drives which policy applies.

The short version

Regular New York work: an employee who regularly works in New York needs coverage under a New York policy.
Remote counts: a work-from-home employee based in New York is a New York employee, even if headquarters is elsewhere.
The policy detail: your policy has to name New York specifically for a New York injury to be covered; on the form this is the box called Item 3A.
Brief visits: occasional meetings or passing through can be handled by an out-of-state policy that mentions New York in a different box, Item 3C.
Non-New York insurers: for that 3C setup, a non-New-York-licensed carrier files Form C-105.11 to consent to Board jurisdiction.

Where the work happens decides coverage

New York cares about the location of the work, not the address on your letterhead. If a person regularly performs their job inside New York, they need to be covered under a policy that lists New York, obtained from a carrier authorized in New York or from the state fund. A remote employee working from a New York home counts, and so does a field worker who is stationed in New York.

Situation	New York policy needed?	How it is handled
Employee based in and working from New York	Yes	New York listed in Item 3A of the policy
Remote employee living and working in New York	Yes	Same, New York on the policy in Item 3A
Employee attending occasional New York meetings (not more than monthly)	Usually no	Out-of-state policy with New York in Item 3C
Driver passing through New York without stopping to work	Usually no	Home-state policy with New York in Item 3C
Crew sent to a New York job site to work	Yes	New York coverage in place before the work

Incidental presence versus real work

New York draws a line between doing business in the state and just being in the state. If a worker only attends the occasional meeting, seminar, or conference (no more than about once a month), or drives through without stopping to work, an out-of-state policy can be acceptable as long as it covers the home state and lists New York in Item 3C of the policy. For a carrier not licensed in New York, that carrier files Form C-105.11 to consent to the New York Workers' Compensation Board's jurisdiction for that 3C coverage.

Out-of-state business with New York employees

If you are based elsewhere but have employees who regularly work in New York, you generally need a New York policy with New York properly listed, not just your home-state coverage. Getting this wrong is a common and costly gap, because a New York injury on a policy that does not actually cover New York can leave you personally exposed to penalties and the claim.

A quick New York example

Illustrative, not a quote. A consulting firm headquartered in New Jersey hires a full-time analyst who works remotely from her apartment in Manhattan. Because she regularly works in New York, the firm needs a workers comp policy that lists New York in Item 3A, not just its New Jersey coverage. The firm updates its policy so New York is properly shown. When the analyst trips over a cord in her home office and injures her knee during the workday, the claim is covered. Had the firm relied only on its New Jersey policy, the New York claim could have fallen into a coverage gap, exposing the firm to penalties and the cost of the injury.

Real questions New York owners ask

My employee works remotely from New York but my company is out of state. Do I need New York coverage?

Yes. An employee who regularly works from New York is a New York employee for coverage, so you need a policy that lists New York, not just your home-state coverage.

What does listing New York on the policy actually mean?

For regular New York work, New York should appear in Item 3A of the policy information page. That is what makes the coverage apply to New York claims. Item 3C is used only for incidental presence.

My salesperson just visits New York for occasional meetings. Do I need a full New York policy?

Usually no. If the visits are incidental, no more than about monthly, an out-of-state policy that covers the home state and lists New York in Item 3C can be acceptable for that limited presence.

My carrier is not licensed in New York. Can it still cover incidental New York trips?

Yes, through the Item 3C setup, but the carrier must file Form C-105.11 to consent to the New York Workers' Compensation Board's jurisdiction for that coverage. Ask your carrier to confirm it is filed.

I send a crew into New York for a project. What do I need?

New York coverage should be in place before the crew works there. Sending workers to a New York job site is real New York work, so a policy listing New York is expected, not just incidental-presence handling.

Does a home office injury count as a work injury?

It can. If a remote employee is hurt while doing their job during work hours, the injury is generally compensable. That is one reason a remote New York employee needs to be on a New York policy.

What is the risk of relying only on my home-state policy?

A New York claim on a policy that does not list New York can fall into a gap, leaving you exposed to state penalties and the full cost of the injury. Listing New York correctly avoids that.

Why New York owners choose Morrow

We shop the right market for you. New York is an open, competitive market: you can buy coverage from any private carrier the state authorizes or from the state-run New York State Insurance Fund (NYSIF), so Morrow shops multiple insurers to find the best fit instead of leaving you with a single option.
We catch pricing mistakes. Your price depends heavily on the category your work falls into for pricing (the class code). Put people in the wrong category and you overpay for years. We review your payroll and classifications before you buy.
Proof of coverage, fast. Need a certificate (proof of coverage) for a general contractor or a landlord before Monday? We turn those around the same business day for most carriers.
We help lower the score that drives your price. Insurers give you a score based on your past claims that raises or lowers your cost (the experience modification rate). We review it each year, flag errors, and connect you with return-to-work and safety resources that bring it down.
Real people when a claim happens. When someone gets hurt, we stay involved through the life of the claim, not just at renewal.

Related New York guides

Every New York business is set up a little differently. These companion guides answer the same question for other situations, plus the national explainers behind the terms used here.

This guide is general information, not legal advice. New York rules and penalty amounts can change, so verify current requirements with New York State Workers' Compensation Board or a licensed advisor before you rely on them. Last updated: July 2026.