NEW YORK DBL BASICS

"DBL" became Law in New York State in 1949.

Waiting Period:

8 days

Period of Disability:

26 weeks in any 52 - week period

Weekly Benefit:

• 50% of average weekly salary
• Maximum benefit is currently $170.00 per week
• Minimum is $20.00

Employee Cost:

1/2 of 1% of salary (.5% or .005) to a maximum of .60 per week

Employer Cost:

Balance of cost

Providing Coverage:

Private Insurance Carrier, State Fund, self-insured

Claims

All sections must be completed and the claim must be submitted to the Insurance Carrier within 30 days.

Covered Employees

Out of State Coverage

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: 

• 3 or more officers/shareholders
• one or two officers (each owning at least one share of stock) with employee(s) (they may choose to exclude themselves from coverage by filing form DB-212.3 .)

2. Owners/shareholders of the following types of businesses are not considered employees and are therefore excluded from NY DBL coverage by default:  

• Partnerships, LLCs, LLPs (with or without employees)
• Sole Proprietorships
• Corporations with only one or two officers (each owning at least one share of stock) and no employee(s). (They may obtain coverage (at voluntary rates) by completing form DB-135 (for non-contributory groups) or DB-136 (for contributory groups).

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:

• As the business owner, you may choose to exclude yourself: If your business is a corporation with no more than two corporate officers (each owning at least one share of stock) and you have at least one employee, you may elect to exclude yourself from coverage by completing form DB-212.3 .
• You may elect to exclude your spouse by filing a spousal exclusion form DB-212.5 (12 NYCRR §355.2)

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?

• DB-120 (Posting Notice, "Blue Board" or DBL Poster): must be posted in a visible place at your work site.
• DB-120.1 (Certificate of Insurance): is needed to apply for/retain business permits and licenses.
• DB-820 (Certificate of Insurance): is filed by the carrier with the State to verify the status of a policy.

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.