New York Scaffold Law: what it means for your COI requirements

Why does the Scaffold Law matter for certificates?

Section 240 covers work like erecting, demolishing, repairing, altering and painting buildings and structures, and it applies to contractors, owners and their agents. Owners of one- and two-family homes who don’t direct or control the work are excluded. Because the duty can reach the owner or GC even when the injured worker belongs to a sub, the sub’s insurance, and your additional insured status on it, is a core part of your protection. Ask your attorney how courts apply the law to your jobs.

Source: NY Labor Law 240.

Not legal or insurance advice. Statutes change and contracts differ. Verify against the primary source (linked or named) and talk to your broker or attorney before relying on this.

What proof of workers’ comp does New York require?

New York does not accept an ACORD form as proof of workers’ compensation or disability coverage. For workers’ comp, the accepted proof is Form C-105.2 (from the carrier) or U-26.3 (from the State Insurance Fund). For disability benefits coverage, it’s Form DB-120.1. Ask your sub’s agent for the right form, not an ACORD 25.

Source: NY Office of General Services: proof of insurance and the Workers’ Compensation Board rules it cites.

What to request from every New York sub

• ACORD 25 for liability coverages.
• The state-required workers’ compensation and disability proof forms.
• Additional insured endorsement pages, not just the checkbox.
• Umbrella or excess evidence that follows form where your contract requires it.

A simple routine on every job

1. Before the sub starts, get the certificate and workers’ comp proof, or the exemption paperwork your state allows.
2. For workers’ comp, ask for the state-accepted forms. ACORD forms are not accepted for that proof.
3. Save a copy with the date you checked and who checked.
4. Put every policy end date on a calendar.
5. Ask a local attorney or broker about anything unusual.