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Does an employer for new York state have to carry disability insurance on its employee's?

Mayfield, NY |

employee was hurt at home and can not work. Employers said that they do not carry disability insurance

Attorney Answers 4

Posted

New York State requires employers carry, or pay in to a disability benefits insurance policy which provides temporary cash benefits (for lost earnings) to eligible wage earners disabled by an "off the job" illness or injury. This is different that workers compensation insurance.
There are a series of questions that you would have to answer to determine your benefits. You should consult with a local attorney.

All comments and/or opinions are for general information, and do not create an attorney-client relationship. In order to obtain a comprehensive and accurate legal opinion you should consult an attorney with the specific and detailed facts or your case/question.

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Posted

Yes

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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Posted

Yes, employers in NY who employ 1 or more employees for 30 calendar days out of the year must have short-term disability coverage. Failure to have such coverage is a misdemeanor. In addition, if the employer does not have coverage, they are personally liable for the claim as well as penalties. You see an employment lawyer asap.

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Posted

Yes, is required as my colleagues have stated.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

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