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Navigating through the requirements of New York State Workers' Compensation Insurance can be complex, but understanding the C-105.2 form is essential for businesses operating within the state. This certificate serves as proof that a business holds the necessary workers' compensation insurance coverage, under the regulations set by New York State Workers' Compensation Law. It contains critical information including the legal name and address of the insured business, its business telephone number, unemployment insurance employer registration number, and work location if coverage is location-specific. Additionally, it details the name and address of the entity requesting proof of coverage, the name of the insurance carrier, policy number, and the policy's effective period. Importantly, it indicates whether the proprietor, partners, or executive officers are included or excluded from the coverage. The form not only certifies coverage but also outlines the obligations of the insurance carrier to notify relevant parties upon policy cancellation, thereby ensuring continual compliance with mandatory coverage requirements. Businesses must provide an updated certificate to permit, license, or contract holders upon policy cancellation, underscoring the certificate's role in maintaining legal and contractual obligations. Issued by insurance carriers or their licensed agents, this form is a vital document for businesses to manage their workers' compensation insurance responsibilities effectively.

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CERTIFICATE OF

NYS WORKERS' COMPENSATION INSURANCE COVERAGE

1a. Legal Name & Address of Insured (use street address only)

1b.

Business Telephone Number of Insured

 

1c. NYS Unemployment Insurance Employer Registration Number of

 

Insured

Work Location of Insured (Only required if coverage is specifically limited to

1d.

Federal Employer Identification Number of Insured or Social Security

certain locations in New York State, i.e., a Wrap-Up Policy)

Number

 

 

 

 

 

 

 

 

2. Name and Address of Entity Requesting Proof of Coverage

3a.

Name of Insurance Carrier

(Entity Being Listed as the Certificate Holder)

 

 

 

 

 

 

 

3b.

Policy Number of Entity Listed in Box "1a"

 

 

 

 

 

3c. Policy effective period

 

 

 

 

to

 

 

 

3d. The Proprietor, Partners or Executive Officers are

 

 

 

included. (Only check box if all partners/officers included)

 

 

 

all excluded or certain partners/officers excluded.

 

 

 

 

 

 

 

This certifies that the insurance carrier indicated above in box “3" insures the business referenced above in box “1a” for workers' compensation under the New York State Workers' Compensation Law. (To use this form, New York (NY) must be listed under Item 3A on the INFORMATION PAGE of the workers' compensation insurance policy). The Insurance Carrier or its licensed agent will send this Certificate of Insurance to the entity listed above as the certificate holder in box “2".

The insurance carrier must notify the above certificate holder and the Workers' Compensation Board within 10 days IF a policy is canceled due to nonpayment of premiums or within 30 days IF there are reasons other than nonpayment of premiums that cancel the policy or eliminate the insured from the coverage indicated on this Certificate. (These notices may be sent by regular mail.) Otherwise, this

Certificate is valid for one year after this form is approved by the insurance carrier or its licensed agent, or until the policy expiration date listed in box "3c", whichever is earlier.

This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policy listed, nor does it confer any rights or responsibilities beyond those contained in the referenced policy.

This certificate may be used as evidence of a Workers' Compensation contract of insurance only while the underlying policy is in effect.

Please Note: Upon cancellation of the workers' compensation policy indicated on this form, if the business continues to be named on a permit, license or contract issued by a certificate holder, the business must provide that certificate holder with a new Certificate of Workers' Compensation Coverage or other authorized proof that the business is complying with the mandatory coverage requirements of the New York State Workers' Compensation Law.

Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has the coverage as depicted on this form.

Approved by:

(Print name of authorized representative or licensed agent of insurance carrier)

Approved by:

(Signature)

(Date)

Title:

Telephone Number of authorized representative or licensed agent of insurance carrier:

Please Note: Only insurance carriers and their licensed agents are authorized to issue Form C-105.2. Insurance brokers are NOT authorized to issue it.

C-105.2 (9-17)

www.wcb.ny.gov

Workers' Compensation Law

Section 57. Restriction on issue of permits and the entering into contracts unless compensation is secured.

1.The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in a hazardous employment defined by this chapter, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any compensation to any such employee if so employed.

2.The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in a hazardous employment defined by this chapter, notwithstanding any general or special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter.

C-105.2 (9-17) REVERSE

Document Attributes

Fact Name Description
Form Purpose The C-105.2 form serves as a Certificate of New York State Workers' Compensation Insurance Coverage, showing proof that a business carries the required insurance for its employees.
Governing Law This form is governed by the New York State Workers' Compensation Law, particularly Section 57, which mandates securing compensation for employees in hazardous employment.
Validity Period The certificate is valid for one year after the insurance carrier approves the form, or until the expiration date of the policy listed in box "3c," whichever comes first.
Notification Requirement The insurance carrier must notify the certificate holder and the Workers' Compensation Board within 10 days if the policy is canceled due to non-payment of premiums, or within 30 days for other cancellation reasons.
Authorized Issuers Only insurance carriers and their licensed agents are authorized to issue Form C-105.2. Insurance brokers are not allowed to issue this certificate.

How to Fill Out C 105 2

Filling out the C-105.2 form is a crucial step for businesses to prove that they have obtained the necessary workers' compensation insurance coverage under New York State law. This document needs to be accurately filled out and sent to the entity requesting proof of coverage, as it plays a significant role in ensuring that businesses comply with state regulations regarding workers' compensation. Below is a step-by-step guide to help navigate the process of completing the form:

  1. Legal Name & Address of Insured: Enter the legal name of your business along with the physical street address where your business operates. This section is labeled as "1a" on the form.
  2. Business Telephone Number: Provide the main contact number for your business as requested in section "1b."
  3. NYS Unemployment Insurance Employer Registration Number: Fill in your New York State Unemployment Insurance Employer Registration Number in section "1c."
  4. Work Location: If your workers' compensation coverage is limited to certain locations within New York State, specify these locations in section "1d." Otherwise, if your policy covers all locations, this can be left blank.
  5. Federal Employer Identification Number (FEIN) or Social Security Number (SSN): Depending on the nature of your insured entity, provide either the FEIN or SSN in the designated space.
  6. Name and Address of Entity Requesting Proof of Coverage: In section "2," input the complete name and address of the party requesting this proof of coverage (e.g., a government department or contracting party).
  7. Insurance Carrier Information: Section "3a" requires the official name of your workers' compensation insurance carrier.
  8. Policy Number: Enter your relevant policy number in section "3b" as issued by your insurance carrier.
  9. Policy Effective Period: Specify the start and end dates of your policy coverage in section "3c." This is crucial to determine the validity period of the certificate.
  10. Executive Officers Inclusion or Exclusion: Check the appropriate box in section "3d" to indicate whether any proprietors, partners, or executive officers are fully included, all excluded, or partially excluded from the policy.
  11. Certification and Approval: The authorized representative or licensed agent of the insurance carrier must certify the form, stating under penalty of perjury that the information provided is true and that the insured has coverage as depicted. They must print their name, sign and date the form, and provide their title and contact number at the bottom.

Once completed, the insurance carrier or its licensed agent will send this Certificate of Insurance (C-105.2) to the entity listed as the certificate holder. Remember, this form serves as a confirmation of your business's compliance with the New York State Workers' Compensation Law. It's important to keep a copy for your records and be aware of the policy's expiration date to ensure continuous coverage.

More About C 105 2

  1. What is the C-105.2 form?

    The C-105.2 form is a Certificate of Workers' Compensation Insurance Coverage. This document verifies that a business has obtained the necessary workers' compensation insurance as required under the New York State Workers' Compensation Law. The certificate lists important details such as the legal name and address of the insured business, the insurance carrier, policy number, and the policy's effective period.

  2. Who needs to submit the C-105.2 form?

    Businesses operating in New York State that employ workers in positions deemed hazardous are required to submit the C-105.2 form. This submission is essential to demonstrate compliance with the state's requirements for workers' compensation insurance coverage. This form is often submitted to state or municipal departments, boards, commissions, or offices when the business is seeking permits, licenses, or is entering into contracts that involve the employment of workers.

  3. How can one obtain a C-105.2 form?

    The C-105.2 form can only be issued by insurance carriers and their licensed agents. Insurance brokers are not authorized to issue this form. Businesses should contact their workers' compensation insurance carrier or agent to request the issuance of a C-105.2 form.

  4. What happens if the policy listed on the C-105.2 form is canceled?

    Should the workers' compensation insurance policy referenced on the C-105.2 form be canceled, the insurance carrier is required to notify both the certificate holder and the Workers' Compensation Board within 10 days if the cancellation was due to nonpayment of premiums, or within 30 days for cancellations due to other reasons. Additionally, the business must provide a new Certificate of Workers' Compensation Coverage or other authorized proof of compliance to continue being named on any permits, licenses, or contracts issued by a certificate holder.

  5. Is the C-105.2 form the only proof of workers' compensation insurance coverage?

    No, the C-105.2 form is not the sole proof of insurance. While it is a widely accepted and official document indicating compliance with New York State's requirements, businesses may have other forms or documents issued by their insurance carrier that also serve as proof of workers' compensation insurance coverage.

  6. What are the legal implications of not having a C-105.2 form?

    Failing to provide a C-105.2 form when required can result in significant legal and financial penalties. More critically, it may prevent a business from obtaining necessary permits or contracts, or from legally operating in certain instances. Non-compliance with workers' compensation insurance requirements can lead to stop-work orders, fines, and exposure to liability for injuries sustained by employees without the protection of insurance.

  7. Can a C-105.2 form be sent electronically?

    Yes, the issuance and delivery of the C-105.2 form can be accomplished electronically. The insurance carrier or its licensed agent can send this certificate of insurance electronically to the entity listed as the certificate holder, provided they follow the protocols and requirements set by the Workers' Compensation Board for electronic communication.

Common mistakes

Filling out the C-105.2 form, specifically designed for proving workers' compensation insurance coverage in New York State, might seem straightforward. However, common mistakes can lead to delays or even rejections. By being cognizant of these pitfalls, individuals can ensure the process runs smoothly. Here's a rundown of seven frequent blunders:

  1. Insufficient Information: Not providing complete details in sections such as 1a (Legal Name & Address of Insured) and 1b (Business Telephone Number). It's crucial to fill out each field with accurate and thorough information.
  2. Miscommunication about Policy Number: Incorrectly entering the policy number of the entity listed in box 1a under section 3b. This is a vital piece of information that links the certificate directly to its corresponding insurance policy.
  3. Incorrect Effective Period Dates: Failing to accurately report the policy's effective period in box 3c. It's essential these dates are current and match those of the actual policy to ensure valid coverage.
  4. Overlooking Proprietor, Partners, or Executive Officers Coverage: Neglecting to specify in box 3d whether the proprietor, partners, or executive officers are included or excluded from the policy. This detail significantly impacts the scope of coverage.
  5. Listing Unauthorized Certificate Holder: Use of the form by insurance brokers is not permitted, as only carriers and their licensed agents can issue Form C-105.2. Ensure the entity requesting coverage, listed in box 2, is appropriate and permitted.
  6. Failing to Notify of Cancellations: Forgetting that the insurance carrier must inform both the certificate holder and the Workers' Compensation Board if the policy is cancelled. This is a regulatory requirement to maintain transparency and compliance.
  7. Improper Authorization: Not having the form approved by an authorized representative or licensed agent of the insurance carrier. This certification, found at the bottom of the form, is non-negotiable for the form's validity.

Understanding these common errors and taking steps to avoid them can facilitate a smoother, more efficient process in acquiring and proving workers' compensation insurance coverage. Being meticulous and double-checking entries can save time and prevent unnecessary complications.

Documents used along the form

When dealing with workers' compensation in New York, completing the C-105.2 form is a crucial step for businesses to demonstrate insurance coverage. However, handling this document is often just a part of the overall process of compliance and legal documentation within the realm of employment and insurance. Additional forms and documents are frequently required to ensure thorough coverage and adherence to regulations. Presented here are eight such documents often used alongside the C-105.2 form, each serving a specific purpose within the broader context of workers' compensation and business operations.

  • DB-120.1: This form, known as the Certificate of Workers' Compensation Insurance, serves employers required to prove they have secured workers' compensation insurance under the Disability Benefits Law. It is similar to the C-105.2 but specifically relates to disability benefits.
  • U-26.3: The State Insurance Fund Certificate of Workers' Compensation Insurance provides proof of insurance specifically for businesses insured through the New York State Insurance Fund, differentiating from private insurance carriers documented on the C-105.2 form.
  • SI-12: For businesses that self-insure for workers' compensation, this form provides evidence of their self-insured status. It's a declaration by the business that they have the financial capacity and approval to handle their own workers' compensation claims.
  • GSI-105.2: This document is used by group self-insurers to certify workers' compensation insurance coverage. It's similar to the SI-12 but applies to a collective group of employers who share the risk and management of workers' compensation claims.
  • CE-200: The Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Insurance is issued to businesses that are not required to carry workers' compensation or disability benefits insurance, often used by sole proprietors without employees.
  • DB-450: This form is filed for a claim for disability benefits. If an employee suffers a non-work-related illness or injury that leads to disability, they would file this form to claim the benefits provided under the Disability Benefits Law.
  • DB-300: The Notice of Proof of Compliance for Disability Benefits is a poster that employers must display prominently at their place of business, indicating that they comply with New York's Disability Benefits Law.
  • ACORD 25: Although not specific to workers' compensation, this certificate of liability insurance is often required alongside workers' compensation documents to provide proof of general business liability insurance coverage.

Together, these forms encompass a comprehensive suite of documentation necessary for businesses to navigate the complexities of insurance coverage, worker safety, and compliance with New York state laws. Whether ensuring proper workers' compensation coverage with the C-105.2, proving exemption from those requirements, or addressing disability benefits, each document plays a critical role in maintaining lawful and ethical business practices within the state. Understanding the purpose and requirements of these forms is essential for employers to effectively manage their obligations and protect their employees.

Similar forms

  • The ACORD 25 Certificate of Liability Insurance is similar to the C-105.2 form because both serve as proof of insurance coverage. While C-105.2 is specific to workers' compensation insurance in New York State, the ACORD 25 provides evidence of general liability insurance. Each document must be issued by authorized representatives of the insurance carrier and informs the certificate holder about the policy’s status.

  • The SI-12 Certificate of Workers' Compensation Self-Insurance is akin to the C-105.2 form in that it verifies compliance with workers' compensation laws. However, SI-12 is used by businesses that self-insure against workers' compensation claims, demonstrating their financial capability to cover such claims, in contrast to C-105.2, which applies to businesses insured through an insurance carrier.

  • The U-26.3 State Insurance Fund Certificate of Workers' Compensation Insurance shares similarities with the C-105.2 form by evidencing workers' compensation insurance coverage. Specifically, U-26.3 is used by employers insured through the New York State Insurance Fund, signifying a more specialized instance of workers' compensation insurance proof compared to the broader applicability of C-105.2.

  • The DB-120.1 Certificate of Disability Benefits Insurance is related to the C-105.2 form since both concern employer compliance with New York State mandatory insurance requirements. While C-105.2 focuses on workers' compensation, DB-120.1 proves that an employer has secured disability benefits insurance for employees, fulfilling a different aspect of employee welfare.

  • The Certificate of Employer’s Liability Insurance (not specific to a form number) parallels the C-105.2 form in purpose, providing verification of insurance coverage. This certificate, often required during contract negotiations or permit applications, proves an employer holds liability insurance for work-related injuries or illnesses that are not covered under workers' compensation or disability benefits law.

  • The G-27 Certificate of Group Workers' Compensation Self-Insurance resembles the C-105.2 form in its validation role for compliance with workers’ compensation obligations. G-27 is designed for groups of employers who collectively self-insure against workers' compensation claims, offering a collective alternative compared to the individual insurance coverage verified by C-105.2.

Dos and Don'ts

When completing the C-105.2 form, it is essential to proceed carefully to ensure all information is accurate and complies with New York State Workers' Compensation Law requirements. Below are key dos and don'ts to guide you through the process:

Do:
  • Verify all information before submission: Double-check the legal name and address of the insured, making sure it matches company records exactly.
  • Include the correct policy number: Ensure the policy number listed matches the one provided by your insurance carrier.
  • Review policy effective dates: Confirm that the policy start and end dates are correctly filled in to reflect your current coverage period.
  • Specify the inclusion or exclusion of proprietors, partners, or executive officers: Clearly indicate whether these individuals are covered under the policy.
  • Ensure the form is approved by an authorized representative: The form must be signed by a representative who has the authority to do so on behalf of the insurance carrier.
Don't:
  • Leave required fields blank: Each field provides vital information for the verification of Workers' Compensation Insurance coverage. Incomplete forms may not be accepted.
  • Mistake the insured's address: The street address should be used, not a P.O. Box or similar. A correct address ensures clear and accurate identification of the insured's location.
  • Overlook policy cancellation protocols: Be aware of the insurance carrier's obligation to notify if the policy gets cancelled. This knowledge is crucial for maintaining continuous compliance.
  • Assume brokers can sign: Remember that only insurance carriers and their licensed agents are authorized to issue Form C-105.2. Insurance brokers are not permitted to sign this form.

Adhering to these guidelines ensures that the C-105.2 form is filled out correctly and complies with regulatory requirements. It also helps in avoiding delays or rejections due to inaccuracies or incomplete information.

Misconceptions

When it comes to understanding the C-105.2 form, a Certificate of NYS Workers' Compensation Insurance Coverage, there are several misconceptions that can confuse both employers and employees alike. Here, we'll clarify some of these common misunderstandings.

  • It grants rights to the certificate holder. A widespread misconception is that this certificate confers specific rights to the holder. In reality, the document is issued purely for informational purposes. It verifies that an insurance carrier covers the employer for workers' compensation as per the New York State Workers' Compensation Law, but it does not extend any additional rights or coverage to the certificate holder beyond those outlined in the actual insurance policy.
  • It amends the coverage. Another misunderstanding is the belief that the certificate can amend, extend, or alter the coverage provided by the policy listed. However, the document itself clearly states that it does not change the coverage in any way. The coverage details are bound by the terms and conditions of the actual insurance policy.
  • It's a long-term document. Some might think once the form is issued, it's valid indefinitely. The truth is, the certificate's validity is tied to the policy's effective period or one year after the form's approval by the insurance carrier or licensed agent, whichever occurs first. It's crucial for businesses to keep their coverage up to date and ensure that a current certificate is always available.
  • Insurance brokers can issue it. There is a common belief that insurance brokers, who play a significant role in the insurance market, are authorized to issue Form C-105.2. This is not the case. The form makes it clear that only insurance carriers and their licensed agents have the authority to issue this certificate. This distinction is important to prevent unauthorized issuance of the form.
  • It serves as a contract of insurance. Lastly, there's a misconception that this certificate itself acts as a contract of insurance between the employer and the insurance carrier. However, the form explicitly notes that it may be used as evidence of a Workers' Compensation contract of insurance only while the underlying policy remains in effect. The actual contract of insurance is the policy issued by the carrier, not the certificate.

Understanding these aspects of the C-105.2 form can help businesses, employees, and other stakeholders navigate the complexities of workers' compensation insurance with greater clarity and accuracy.

Key takeaways

Understanding the C-105.2 form, officially titled Certificate of NYS Workers' Compensation Insurance Coverage, is crucial for businesses operating within New York State. This form serves as proof that a company holds the required workers' compensation insurance for its employees. Here are key takeaways about filling out and using the C-105.2 form:

  • Accurate business information is necessary. The form requires the legal name, address, and contact information of the insured, along with the New York State Unemployment Insurance Employer Registration Number and, if applicable, specific work locations. Ensuring this information is accurate is crucial for the validity of the certificate.
  • Details of the insurance carrier must be provided. The name and address of the insurance carrier, policy number, and policy effective period are required fields on the form. This information validates that the business is insured under the New York State Workers' Compensation Law by the specified carrier.
  • Notification of policy changes. The insurance carrier is obligated to notify both the certificate holder and the Workers' Compensation Board if there is a cancellation of the policy due to nonpayment of premiums or for other reasons. This ensures that all parties are aware of the current status of the insurance coverage.
  • The form is only valid while the policy is in effect. It's important to note that this certificate serves as evidence of workers' compensation insurance only as long as the underlying policy remains active. Upon cancellation, if the business is named on a permit, license, or contract, it must provide a new Certificate of Workers' Compensation Coverage or other authorized proof of compliance with New York State mandates.

Rigorously adhering to the requirements of the C-105.2 form not only ensures compliance with New York State Workers' Compensation Law but also bolsters the trust and confidence of employees, clients, and partners in the business's commitment to workplace safety and accountability.

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