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By: Thomas S. Tripodianos Published: May 2020

New COVID-19 Workers' Compensation Classification Code

Thank you to the Northeastern Subcontractors Association, Inc. and Kevin Vianna at Marshall & Sterling, Inc. for bringing this to our attention.

The New York Compensation Insurance Rating Board (NYCIRB) has established a new Workers’ Compensation classification code in response to the COVID-19 pandemic.  The newly approved amendment established classification code 8873, “Telecommuter Reassigned Employees”, and requires that it be applied to the payroll of employees who, during New York’s stay-at-home order related to the COVID-19 pandemic, are reassigned to either (a) not perform any work duties (idle), or (b) perform clerical work duties at home.  The rate for Classification Code 8873 will mirror the rate for Classification Code 8810 (clerical office employees). This provision is applicable at the start of New York’s stay-at-home order and for up to 30 days after its conclusion.

This change will be particularly beneficial for construction companies who have secured Paycheck Protection Program (PPP) loans to keep employees on the payroll but may not have work for them to perform.  Those employees (while idle) will be assigned a much less expensive clerical classification as opposed to one of the much more expensive construction trade classifications.

For more information about this change, please see the attached from NYCIRB and address this with your insurance agent.

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