How to Appeal a WCB Stop Work Order

Understanding Stop Work Order Appeals in NY

The term “appeal” for a stop work order is somewhat misleading — the primary path to getting a SWO lifted is not through a formal legal appeal but through demonstrating compliance: showing the WCB that you now have valid workers' compensation coverage.

The WCB issues stop work orders under WCL §141(a) when it determines an employer is operating without required coverage. The order remains in effect until the employer demonstrates compliance. This is a compliance-based administrative process, not a traditional appeal.

Step 1: Get Covered Immediately

Before you can get a SWO lifted, you need valid, active workers' comp coverage. Options:

• Reinstate your lapsed policy (if insurer will reinstate)
• Obtain a new policy from a private insurer
• Apply for coverage through NYSIF (New York State Insurance Fund — cannot deny eligible applicants)

Step 2: Obtain Form C-105.2

Once coverage is bound, your insurer must issue a Form C-105.2(Certificate of Workers' Compensation Insurance). This form must be completed directly by the insurer — not by you or your broker — and must meet WCB specifications.

Step 3: File Reinstatement Application with WCB

Submit a reinstatement application to the WCB district office that issued the stop work order. Include:

• Completed reinstatement application form
• Form C-105.2 from your insurer
• Any other documentation the WCB requires

Step 4: WCB Review and Written Order

The WCB reviews your submission. With complete, correct documentation, this typically takes 2–5 business days. The WCB issues a written order lifting the stop work order.

If the SWO Was Issued in Error

If you had valid coverage at the time of the SWO, immediately provide proof of that coverage to the WCB. If the WCB confirms your coverage existed, the order should be rescinded promptly.

Formal Hearing on the SWO

You can request a formal hearing to contest the underlying basis for the SWO, but this does not stay the order while the hearing proceeds. The hearing process takes months, during which your business remains shut down unless you also obtain coverage and demonstrate compliance.

For the complete emergency guide, see: Stop Work Order: What to Do Right Now.

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