Workers Comp Insurance for Landscapers in New York

New York requires workers compensation insurance for virtually all employers, including landscaping companies of any size. The state does not have a minimum employee threshold: a landscaping company with one W-2 employee must carry workers comp. New York's workers comp system is complex, the penalties for non-compliance are severe, and the state's wage rates and medical costs make claims more expensive than in most other states.

Quick Answer

New York workers comp costs for landscaping employers:

Business Size	Annual Premium Range
1-3 employees	$4,500 to $9,000 per year
4-10 employees	$9,000 to $22,000 per year
10-25 employees	$22,000 to $55,000 per year

New York landscaping workers comp premiums are among the highest in the country. The state's high wage rates, comprehensive benefit structure, and legal environment all drive costs above most other markets.

What Workers Comp Covers for New York Landscapers

Medical Benefits

All medically necessary treatment for work-related injuries, with no limit. Medical benefits in New York include emergency care, specialist treatment, surgery, physical therapy, medical devices, and prescriptions.

Lost Wage Benefits

New York pays two-thirds of the worker's average weekly wage for total disability, subject to a state maximum that adjusts annually. The maximum benefit for 2025 is indexed to the statewide average weekly wage. Benefits for temporary total, temporary partial, permanent partial, and permanent total disability are all defined by statute.

Death Benefits

New York pays death benefits to surviving dependents, calculated as a percentage of the deceased worker's weekly wage, for a defined period based on the number and ages of dependents.

Aggregate Trust Fund

New York has a special fund (the Aggregate Trust Fund) that compensates workers when an employer or carrier becomes insolvent. This provides workers comp security that some other states lack.

Common Landscaping Injuries in New York

• Musculoskeletal injuries from mowing, planting, and equipment operation
• Eye injuries from debris and chemical splash
• Lacerations from power equipment
• Cold weather injuries (frostbite, hypothermia) for year-round crews in upstate NY
• Heat illness during summer work in the metro area
• Chemical exposure from pesticide and fertilizer application

New York-Specific Requirements

Mandatory Coverage for All Employers

New York Workers' Compensation Law requires all employers to carry workers comp from the first employee, with very limited exceptions. Sole proprietors with no employees are exempt. The moment you hire a single W-2 worker, coverage is required.

New York State Insurance Fund (NYSIF)

NYSIF is a state-operated insurance fund that competes with private carriers. NYSIF accepts all New York employers regardless of size or claims history and is required by law to offer coverage to any employer who applies. For landscaping companies with unfavorable claims history that cannot find private market coverage, NYSIF is the guaranteed fallback.

NYSIF premiums are not always more expensive than private market rates. Many New York landscaping companies use NYSIF and find it competitive, especially for smaller businesses.

Penalty for Non-Compliance

Operating without required workers comp in New York is a misdemeanor for a first offense and a felony for subsequent offenses. Civil penalties of $2,000 per 10-day period of non-compliance apply for employers with fewer than five employees, and $5,000 per 10-day period for five or more employees. The Workers' Compensation Board conducts audits and spot checks.

Sole Proprietor Exemption

A sole proprietor with no employees is not required to carry workers comp. However, many commercial clients, HOAs, and property managers in New York require sole proprietors to voluntarily carry workers comp as a contract condition, particularly in the NYC metro area.

NYC and Long Island Requirements

New York City and Long Island clients, particularly commercial property management companies, routinely require workers comp certificates with additional insured language before allowing landscaping work to begin. Certificate requirements are among the strictest in the country in the NYC metro area.

How to Get Coverage

New York carriers and NYSIF will ask for:

• Business name, county of operations, and years in operation
• Annual payroll broken down by job category
• Number of full-time, part-time, and seasonal employees
• Types of work: maintenance, installation, tree service, chemical application, snow removal
• Claims history for the past five years

Apply at NYSIF.com or through a private carrier licensed in New York.

Frequently Asked Questions

Does New York require workers comp for one employee?

Yes. New York requires workers comp from the first W-2 employee with no minimum employee threshold. This is stricter than many other states. Florida requires four employees for non-construction businesses; Georgia requires three. New York has no threshold.

What is NYSIF and should I use it?

NYSIF is the New York State Insurance Fund, a state-operated carrier that accepts all New York employers. It is not the cheapest option for all businesses, but it is available to everyone and is particularly useful for landscapers who have had claims that make them difficult to place in the private market. Compare NYSIF rates to private carriers before deciding.

What are the penalties for non-compliance in New York?

The Workers' Compensation Board can assess fines of $2,000 per 10-day period for small employers and $5,000 per 10-day period for larger employers. Repeat violations escalate to felony criminal charges. The Board can also issue stop-work orders and bar you from obtaining public contracts.

Can I exclude myself from workers comp as an owner?

Sole proprietors with no employees are exempt from workers comp requirements. Corporate officers of closely held corporations can apply to exclude themselves in some circumstances. Discuss owner exclusion with your carrier; it reduces your premium but also means no workers comp benefit for you personally if injured.

How do seasonal workers affect my premium?

Seasonal workers' payroll is included in your premium calculation for the periods they are employed. If your crew grows from 3 to 15 during the summer mowing season, the summer payroll is included. Some carriers adjust premiums mid-year based on actual payroll reports; others do an end-of-year audit.

Disclaimer

This article is for informational purposes only and does not constitute insurance advice. Coverage, requirements, and costs vary by carrier and individual circumstances. Consult a licensed insurance agent for guidance specific to your situation.

Sources

• New York State Department of Financial Services
• New York State Insurance Fund
• New York Workers' Compensation Board
• NAIC