In New York, whether a business owner or corporate officer is covered by workers' compensation — and whether they can change that — depends on the entity type and New York's own rules. Getting the election right affects both your protection and your premium. Here is how inclusion and exclusion work in New York, the form or filing to use, and what it means for your policy.
Who must carry workers' compensation in New York?
Virtually all employers with one or more employees must carry coverage; the main exemption is a sole proprietor, partnership/LLC, or one- or two-person corporation with no other workers where the owners hold all stock and all offices.
Can owners and officers be included or excluded in New York?
| Sole proprietor | Excluded by default; may elect in. |
|---|---|
| Partners | Excluded by default; may elect in. |
| LLC members | Excluded by default; may elect in. |
| Corporate officers | Executive officers of a covered for-profit corporation are included by default and generally cannot opt out. The only exclusion is a sole shareholder-officer, or the one or two officers of a two-person corporation who between them own all the stock, who may elect out on Form C-105.51. |
How to make the election in New York
- New York Workers Comp Exclusion Form (C-105.51)
- Official source: Form C-105.51 — Notice of Election to Exclude (WCL §54(6); revoked on C-105.55)
Payroll counted for an included owner in New York
When an owner or officer is included, premium is figured on their payroll between a minimum and maximum (effective 10/1/2026), set by NYCIRB.
| Included owner/officer minimum | $1,025 per week |
|---|---|
| Included owner/officer maximum | $3,100 per week |
Non-construction executive officer $1,025–$3,100/week; a separate construction payroll cap applies.
These amounts update periodically; we confirm the current figure for your policy. Source: NYCIRB Bulletin R.C. 2659.
New York's assigned-risk / residual market
An employer that can't secure workers' comp in the standard market can still get covered through New York State Insurance Fund (NYSIF) is the insurer of last resort; rates and owner/officer values are set by the NY Compensation Insurance Rating Board (NYCIRB). We market your risk to voluntary carriers first and turn to the residual market only as a last resort.
Related
New York business insurance · Workers' compensation coverage · New York State Workers' Compensation Board.
Frequently Asked Questions
Do business owners have to carry workers' comp on themselves in New York?
It depends on your entity and role. Excluded by default; may elect in. Executive officers of a covered for-profit corporation are included by default and generally cannot opt out. The only exclusion is a sole shareholder-officer, or the one or two officers of a two-person corporation who between them own all the stock, who may elect out on Form C-105.51. Employees are always covered.
How do I include or exclude an owner from workers' comp in New York?
The right form, portal, or endorsement depends on your entity type. New York publishes its own form, which we complete and file with you.
What payroll is used for an included owner in New York?
Non-construction executive officer $1,025–$3,100/week; a separate construction payroll cap applies. We confirm the current figure for your policy.
Can Cory Washington & Co. handle my New York workers' comp election?
Yes. We confirm which rule applies to your entity, prepare the correct form or election, coordinate it with your carrier, and keep your workers' comp aligned with the rest of your program. Request a quote or a policy review and we'll take it from there.
This page is general educational information from Cory Washington & Co. LLC about how workers' compensation owner inclusion and exclusion works in this state. It is not legal, tax, or insurance advice and is not a determination of your eligibility or obligation. Workers' compensation laws, forms, payroll limits, and residual-market programs change and depend on your entity type, ownership, and operations. Confirm the current rules and amounts with your licensed advisor at Cory Washington & Co. LLC and the state agency before making any election.