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WHAT IS AN INJURY TO EMPLOYEE EXCLUSION?
And how does it affect New York contractors?


Good question, Here in New York many trade or self performing contractors run into insurance issues regarding this exclusion.



In short, Injury to employee exclusions restrict or eliminate liability coverage for any sort of employee injury.



Which sounds fine since you have workers compensation to cover your injured workers, right?



Well, unfortunately in New York, workers’ compensation isn’t enough.



Thanks to some very old laws known as the scaffold law or more formally labor law 240/241, New York workers in some cases can go above and beyond work comp to collect for injuries.



So if this is an option for workers to sue above and beyond why in the world would your insurance policy have an exclusion for injured workers? Because these claims are VERY EXPENSIVE.



And frankly the insurance companies are very careful with the wording of their insurance contracts. They do not want to extend coverage unless they get enough premium to cover the risk they are insuring.



All of that to say, if you are being told by a general contractor or building owner that your policy is insufficient due to an injury to employee exclusion or action over exclusion, be prepared to get a new policy or forfeit the job.

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