Workers’ Compensation Audit Guide for Tax Professionals (New York)

Workers’ Compensation Audit Checklist

Use this checklist when helping a client prepare for a New York Workers’ Compensation audit.

Business Information

  • Business legal name and EIN
  • Business address and locations
  • Description of business operations
  • Workers’ Compensation policy number

Payroll Documentation

Auditors verify payroll numbers against tax filings.

Required documents:

  • Payroll register for the audit period
  • Quarterly payroll tax filings (Form 941)
  • Annual payroll reports (W-2 and W-3)
  • State unemployment filings (NYS-45)
  • Payroll summaries by employee
  • Overtime reports

Important:
Overtime pay usually has special treatment in workers’ comp calculations.


Accounting Records

Auditors cross-reference payroll with financial records.

Provide:

  • General ledger
  • Profit and Loss statement
  • Cash disbursement journal
  • Check register
  • Bank statements

These documents help auditors identify:

  • Cash payroll
  • Contractor payments
  • Undocumented labor costs

Employee Information

Prepare documentation for each employee:

  • Job title
  • Job duties
  • Department
  • Payroll totals

Workers’ compensation premiums depend heavily on classification codes.

Example:

Job TypeRisk Level
Clerical workerLow
AccountantLow
Construction laborerHigh
Roofing contractorVery high

Misclassification is one of the most common audit findings.


Independent Contractor Documentation

If your client used subcontractors, gather:

  • Certificates of Workers’ Compensation insurance
  • Contracts with subcontractors
  • Form 1099-NEC issued
  • Proof of liability insurance

⚠️ Important:
If a subcontractor does not have workers’ comp coverage, the insurer may treat them as employees and add their payments to payroll.

This can significantly increase the premium.

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