Construction workers compensation in New York
Construction businesses in New York pay a median rate of $4.84 per $100 of payroll, ranging from $0.181 to $39.23. The national median for Construction is $2.26, so New York sits 114% above the national average. 83 unique NCCI class codes are filed in this state for Construction occupations. Verified 2026-05-09.
Top Construction class codes in New York
The class codes most likely to apply to a Construction operation in New York, sorted from cheapest to most expensive per $100 of payroll. Click into any code for the full state-by-state rate comparison.
| Code | Occupation | Rate per $100 | Confidence |
|---|---|---|---|
| 4902 | Waterproofing Contractor | $0.995 | HIGH |
| 5191 | Plumbing - Commercial/Industrial | $1.11 | HIGH |
| 6252 | Shaft Sinking | $1.74 | HIGH |
| 4828 | Oil & Gas Pipeline Construction | $1.88 | HIGH |
| 5190 | Electrical Wiring | $3.38 | HIGH |
| 5192 | Plumbing - Residential/Domestic | $3.38 | HIGH |
| 5160 | Elevator Erection or Repair | $3.45 | HIGH |
| 7335 | Railroad - Construction/Maintenance | $4.28 | HIGH |
| 4024 | Concrete Construction | $4.30 | HIGH |
| 5183 | Plumbing | $4.37 | HIGH |
New York compliance for Construction employers
Coverage threshold
All employers with one or more employees must carry workers' compensation insurance.
1099 vs W-2 in Construction
Individuals classified as 1099 contractors are often deemed employees for workers' compensation purposes unless they meet strict independent contractor criteria.
Owner exclusion
Allowed in New York. Sole proprietor self-coverage optional; LLC member self-coverage optional.
Max weekly benefit
$1,222 at 66.67% of average weekly wage, effective 2025-07-01.
Statute of limitations
2 years from injury date in New York.
Audit window
New York carriers audit payroll Typically within 90 days of policy expiration, but can extend longer.. Keep Construction payroll segregated by class code and have job-duty documentation ready.
Cross-cite: full New York workers comp overview · Construction cross-state rate comparison · New York workers comp lawyer guide · New York settlement chart
Estimate your Construction premium in New York
Pre-filled to Construction and New York. Adjust payroll to see a real premium range from filed rates.
Estimate your workers comp premium
Pick your industry, state, and annual payroll. Range comes from real rate filings.
Estimated annual premium for Construction in New York
$905to$196,175
Median: $24,180 · Rate range $0.181 to $39.23 per $100 payroll
Industry median across all states
$11,300
Cheapest states for Construction
- Utah $0.780
- Washington $1.13
- Kansas $1.21
Most expensive
- New Jersey $6.95
- Illinois $5.01
- New York $4.84
Estimate based on 24 states of rate-filing data. Actual premium also reflects experience modifier, schedule credits, and carrier underwriting.
Filing checklist for Construction businesses in New York
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Step 1, Confirm coverage threshold
All employers with one or more employees must carry workers' compensation insurance. For Construction operations, this typically applies once you make a first W-2 hire, even part-time.
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Step 2, Pick the right class code
Construction businesses typically use codes like 7335, 6251, 6252. The wrong code can cost 4 to 10x more or get reclassified at audit. In New York, the cheapest code on this list is 4902 at $0.995 and the most expensive is 5183 at $4.37.
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Step 3, Get a quote
New York State Insurance Fund is one option in New York; private carriers (Travelers, Hartford, Liberty Mutual, AmTrust) also write coverage. Schedule credits up to 25% are typical for low-loss accounts.
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Step 4, Document subcontractors
A general contractor is liable for workers' compensation benefits to employees of an uninsured subcontractor. Construction operators with crews of 1099s should keep certificates of insurance for every sub, otherwise the GC absorbs the sub liability at audit.
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Step 5, Annual audit
Carriers audit payroll Typically within 90 days of policy expiration, but can extend longer.. Have payroll segregated by class code, job descriptions on file, and overtime properly excluded from rated payroll. Construction class allocation can shift if any worker spends more than 50% of time on a different code.
Construction workers comp FAQs in New York
What is the typical workers comp rate for Construction in New York?
Construction employers in New York pay a median rate of $4.84 per $100 of payroll, with rates ranging from $0.181 to $39.23 depending on the specific class code. The national median across all states for Construction is $2.26, so New York sits about 114% above the national average.
How many Construction class codes are filed in New York?
New York has 83 unique NCCI class codes filed for Construction occupations, drawn from 83 state-class code rate cells in our dataset. The most common codes include 7335 (Railroad - Construction/Maintenance), 6251 (Tunneling), 6252 (Shaft Sinking).
Are Construction 1099 contractors covered by workers comp in New York?
Individuals classified as 1099 contractors are often deemed employees for workers' compensation purposes unless they meet strict independent contractor criteria.
What is the maximum weekly benefit for an injured Construction worker in New York?
New York caps weekly workers comp benefits at $1,222 (effective 2025-07-01), calculated as 66.67% of the average weekly wage. Construction workers are subject to the same statutory cap as workers in any other industry.
How long does a Construction worker have to file a comp claim in New York?
The statute of limitations in New York is 2 years from the date of injury. Most claims also require notice to the employer within 30 days. Construction workers should report any incident on the date it happens, even minor strains, because cumulative trauma claims can fail without contemporaneous documentation.
Can a Construction business owner exclude themselves from comp coverage in New York?
Yes, New York allows business owners (sole proprietors, partners, LLC members, corporate officers) to file an exclusion election. Construction owner-operators often elect out to keep premium below the minimum. Sole-proprietor self-coverage is not required, and LLC member self-coverage is not required.