NY Statutory Disability ("DBL")
DBL Claims are for accident or illness unrelated to the job
New York Disability Benefits Law ("DBL") is a state disability insurance program designed to provide employees with some level of income replacement in case of disability caused off-the-job.
NEW YORK DBL BASICS
"DBL" became Law in New York State in 1949.
Period of Disability:
26 weeks in any 52 - week period
1/2 of 1% of salary (.5% or .005) to a maximum of .60 per week
Balance of cost
Private Insurance Carrier, State Fund, self-insured
All sections must be completed and the claim must be submitted to the Insurance Carrier within 30 days.
Covered EmployeesAll employees except High School Students. Corporate Officers may exclude themselves by filling out a form as long as there are no more than two (2) Corporate officers.
Out of State CoverageAn employer who has New York employees may opt to cover employees that work in other states as long as it is not a statutory state. The following five states are Statutory: California, Hawaii, New Jersey, New York and Rhode Island. Puerto Rico coverage is also statutory.
Are business owners covered under NY DBL?
1. Owners/shareholders of Corporations (C-Corps, S-Corps, and Professional Corporations, for example) are considered employees of the corporation and are automatically covered under NY DBL at the same rates as other employees if there are:
2. Owners/shareholders of the following types of businesses are not considered employees and are therefore excluded from NY DBL coverage by default:
Can I choose not to provide DBL as a "covered employer"?
No. DBL is mandatory insurance that you must provide for all your eligible employees. If you fail to put a policy in place, you may be subject to fines and other measures.
However, you may file a request with the WCB to exclude certain employees only under the following circumstances:
Are my employees who live outside New York and work in my New York-based office covered?
If they're eligible, yes. Coverage is based on where an employee works, not where the employee lives.
Our business is located outside New York but some of our employees perform work in New York. Do we need DBL?
If you are an out-of-state employer, you need a DBL policy for your New York employees if you employ one or more individuals each for at least 30 days in a calendar year in New York State.
When do we need which Certificate? What is each Certificate for?
Are there any consequences if we don't have a DBL policy as a covered employer?
If you don't provide DBL coverage as required by law, the Workers' Compensation Board may investigate and take action. Sole proprietors, partners of a partnership, as well as the President, Secretary and Treasurer of a corporation may be held personally liable for the failure to obtain a DBL policy.
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