Title WKC, Workers' Compensation

§ 165. Reopening of disallowed claims. The board, upon receiving a\nstatement duly filed as required under section one hundred sixty-two of\nthis article, from a participant in World Trade Center rescue, recovery\nand clean-up operations for a qualifying condition that was disal…

§ 166. Liability of employer and insurance carrier. The employer in\nwhose employment an employee participated in World Trade Center rescue,\nrecovery and clean-up operations shall be liable for any claim for a\nqualifying condition that is causally related to such participation…

§ 167. Claims of volunteers. For persons who participated in World\nTrade Center rescue, recovery and clean-up operations as volunteers, the\nuninsured employers' fund shall be deemed to be the employer for the\npurposes of administering and paying claims pursuant to this articl…

§ 168. Additional period for filing certain claims. 1. A claim by a\nparticipant in the World Trade Center rescue, recovery or cleanup\noperations whose disablement occurred between September eleventh, two\nthousand three, and September eleventh, two thousand eight, shall not be…

§ 169. Presumptive evidence. 1. The board shall accept the\ncertifications of the Centers for Disease Control and Prevention World\nTrade Center Health Program as presumptive evidence of causation of\ncertified illnesses pursuant to 42 USC 300mm for claims filed for\nconditions …

§ 17. Noncitizens. Compensation under this chapter to noncitizens not\nresidents or about to become nonresidents of the United States or\nCanada, shall be the same in amount as provided for residents, except\nthat dependents in any foreign country shall be limited to surviving\n…

§ 17-a. Limited English proficiency. 1. In accordance with section\ntwo hundred two-a of the executive law, the board shall provide\ntranslation of (a) all documents and forms published by the board that\ninjured employees complete; (b) all board documents that provide general\n…

§ 18. Notice of injury or death. Notice of an injury or death for\nwhich compensation is payable under this chapter shall be given to the\nemployer within thirty days after the accident causing such injury, and\nalso in case of the death of the employee resulting from such injur…

§ 18-a. Notice: The New York Jockey Injury Compensation Fund, Inc.\nWherever in this chapter it shall be required that notice be given to an\nemployer, except for claims involving section fourteen-a of the workers'\ncompensation law such notice requirement shall be deemed satisf…

§ 18-b. Notice; the New York black car operators' injury compensation\nfund, inc. Whenever notice is required to be given to an employer\npursuant to this chapter, such requirement shall be satisfied, with\nrespect to an accident or injury to a black car operator, as defined in\…

§ 18-c. Independent livery bases. 1. For purposes of this section,\n"covered services," "livery," "livery driver," "livery registrant,"\n"livery base," "local taxi and limousine commission" and "responsible\nperson" shall have the meanings set forth in article six-G of the\nexec…

§ 19. Physical examination. An injured employee claiming or entitled\nto compensation shall submit to such physical examination as the\nchairman or the board may require. The place, or places, shall be\nreasonably convenient for him. No physician selected by the employer,\ncarri…

§ 19-a. Physicians not to accept fees from carriers. No physician or\nsurgeon in the employ of the board for the purpose of making the\nexaminations required by section nineteen of this chapter, shall, during\nsuch employment, be employed by or accept or participate in any fee f…

§ 19-b. Treatment by physicians in employ of board. No doctor,\nphysician or surgeon in the employ of the board shall solicit or treat\nany claimant under this chapter, or own or operate any clinic, giving\nbaking and massage, physio-therapy, or other treatment to such\nclaimant…

§ 19-c. Actions against health services personnel; defense and\nindemnification. The provisions of section seventeen of the public\nofficers law shall apply to actions and proceedings, against physicians,\nnurses and other employees of the board whose duties involve medical\nexa…

§ 2. Definitions. As used in this chapter, 1. "Hazardous employment"\nmeans a work or occupation described in section three of this chapter.\n 2. "Department" means the department of labor of the state of New\nYork;\n "Chairman" means the chairman of the workers' compensation bo…

§ 20. Determination of claims for compensation. 1. At any time\nafter the expiration of the first seven days of disability on the part\nof an injured employee, or at any time after the employee's death, a\nclaim for compensation may be presented to the employer or to the chair.\…

§ 200. Short title. This article shall be known and may be cited as\nthe "disability benefits law and the paid family leave benefits law."\n

§ 201. Definitions. As used in this article:\n 1. "Board" means the workers' compensation board created under this\nchapter.\n 2. "Chairman" means the chairman of the workers' compensation board of\nthe state of New York.\n 3. "State fund" means the state insurance fund created …

§ 202. Covered employer. 1. An employer who has in employment, after\nJune thirtieth, nineteen hundred sixty-one, one or more employees on\neach of at least thirty days in any calendar year, shall be a covered\nemployer subject to the provisions of this article from and after\nJ…

* § 203. Employees eligible for benefits under section two hundred\nfour of this article. Employees in employment of a covered employer for\nfour or more consecutive weeks and employees in employment during the\nwork period usual to and available during such four or more consecu…

§ 203-a. Retaliatory action prohibited for family leave. 1. The\nprovisions of section one hundred twenty of this chapter and section two\nhundred forty-one of this article shall be applicable to family leave.\n 2. Nothing in this section shall be deemed to diminish the rights,\…

§ 203-b. Reinstatement following family leave. Any eligible employee\nof a covered employer who takes leave under this article shall be\nentitled, on return from such leave, to be restored by the employer to\nthe position of employment held by the employee when the leave\ncommen…

* § 203-c Health insurance during family leave. In accordance with the\nFamily and Medical Leave Act (29 U.S.C. §§ 2601-2654), during any period\nof family leave the employer shall maintain any existing health benefits\nof the employee in force for the duration of such leave as …

§ 204. Disability and family leave during employment. 1. Disability\nbenefits shall be payable to an eligible employee for disabilities,\nbeginning with the eighth day of disability and thereafter during the\ncontinuance of disability, subject to the limitations as to maximum an…

§ 205. Disabilities, family leave and periods for which benefits are\nnot payable. 1. No employee shall be entitled to disability benefits\nunder this article:\n (a) For more than twenty-six weeks minus any days taken for family\nleave during any fifty-two consecutive calendar w…

§ 206. Non-duplication of benefits. 1. No disability benefits shall be\npayable under section two hundred four or two hundred seven of this\narticle:\n (a) in a weekly benefit amount which, together with any amount that\nthe employee receives or is entitled to receive for the sa…

§ 207. Disability while unemployed. 1. Employees entitled to\nunemployment insurance benefits. An employee whose employment with a\ncovered employer is terminated and who during a period of unemployment\nwithin twenty-six weeks immediately following such termination of\nemployme…

§ 208. Payment of disability and family leave benefits. 1. Benefits\nprovided under this article shall be paid periodically and promptly and,\nexcept as to a contested period of disability or family leave, without\nany decision by the board, or designee of the chair pursuant to …

§ 209. Contribution of employees for disability and family leave\nbenefits. 1. Every employee in the employment of a covered employer\nshall contribute to the cost of providing disability and after January\nfirst, two thousand eighteen, family leave benefits under this article,\…

§ 21. Presumptions. In any proceeding for the enforcement of a claim\nfor compensation under this chapter, it shall be presumed in the absence\nof substantial evidence to the contrary\n 1. That the claim comes within the provision of this chapter;\n 2. That sufficient notice the…

§ 21-a. Temporary payment of compensation. * 1. Notwithstanding any\nother provision of this chapter to the contrary, in any instance in\nwhich an employer is unsure of the extent of its liability for a claim\nfor compensation by an injured employee pursuant to this chapter, suc…

§ 210. Employer contributions. 1. Every covered employer shall, on and\nafter January first, nineteen hundred fifty, contribute the cost of\nproviding disability benefits in excess of the contributions collected\nfrom his or her employees, to the extent and in the manner provide…

§ 211. Provision for payment of benefits. A covered employer shall,\nwith his or her own contributions and the contributions of his\nemployees, provide disability and after January first, two thousand\neighteen, family leave benefits to his or her employees in one or more\nof th…

§ 212. Voluntary coverage. 1. Any employer not required by this\narticle to provide for the payment of disability or family leave\nbenefits to his employees, or to any class or classes thereof, may\nbecome a covered employer or bring within the provisions of this article\nsuch e…

§ 212-a. Notwithstanding the definition of "employer" and "employment"\nset forth in section two hundred one of this article and the requirement\nfor insurance policies to offer both disability and family leave\ncoverage set forth in two hundred twenty six of this article, the s…

§ 212-b. Public employees; public employees represented by an employee\norganization; employee opt in.\n 1. For purposes of this section, "public employee" means any employee\nof the state, any political subdivision of the state, a public authority\nor any other governmental age…

§ 213. Non-compliance or default. 1. Whenever a covered employer does\nnot comply with this article by providing for the payment of disability\nand family leave benefits to his or her employees in one or more of the\nways provided in section two hundred eleven of this article or…

§ 214. Special fund for disability benefits. There is hereby created a\nfund which shall be known as the special fund for disability benefits to\nprovide for the payment of disability benefits under sections two\nhundred seven, two hundred thirteen and attendance fees under sect…

§ 215. Commissioner of taxation and finance custodian of fund. The\ncommissioner of taxation and finance shall be the custodian of the\nspecial fund for disability benefits and all disbursements therefrom\nshall be paid by him upon drafts signed by the chairman or those\nauthori…

§ 216. Disposition of uncommitted balance of employees' contributions.\nWhenever any arrangement for the provision of benefits as set forth in\nsection two hundred eleven is terminated, any uncommitted balance of\nemployee contributions shall be utilized only to pay accrued bene…

§ 217. Notice and proof of claim. 1. Written notice and proof of\ndisability or proof of need for family leave shall be furnished to the\nemployer by or on behalf of the employee claiming benefits or, in the\ncase of a claimant under section two hundred seven of this article, to…

§ 218. Disability benefit rights inalienable. 1. Any agreement by an\nemployee to waive his rights under this article shall be void.\n 2. Disability benefits payable under this article shall not be\nassigned or released, except as provided in this article, and shall be\nexempt f…

§ 219. Enforcement of payment in default. In case of a default in the\npayment of any benefits, assessments or penalties payable under this\narticle by an employer who has failed to comply with the provisions of\nsection two hundred eleven of this article or refusal of such empl…

§ 22. Modification of awards, decisions or orders. Upon its own motion\nor upon the application of any party in interest, on the ground of a\nchange in conditions or proof of erroneous wage rate, the board may at\nany time, subject to the limitations set forth in sections twenty…

§ 220. Penalties. 1. Any employer who fails to make provision for\npayment of disability or family leave benefits as required by section\ntwo hundred eleven of this article within ten days following the date on\nwhich such employer becomes a covered employer as defined in sectio…

§ 221. Determination of contested claims for disability and family\nleave benefits. In accordance with regulations adopted by the chair,\nwithin twenty-six weeks of written notice of rejection of claim, the\nemployee may file with the chair a notice that his or her claim for\ndi…

§ 222. Technical rules of evidence or procedure not required. The\nchair, the board or the chair's designee, pursuant to section two\nhundred twenty-one of this article, in making an investigation or\ninquiry or conducting a hearing shall not be bound by common law or\nstatutory…

§ 223. Modification of board decisions or orders. Upon its own motion\nor upon the application of any party in interest, the board may at any\ntime review any decision or order regarding disability benefits and, on\nsuch review, may make a decision ending, diminishing or increas…

§ 224. Appeals. All the provisions of section twenty-three of this\nchapter with respect to decisions of the board and appeals from such\ndecisions shall be applicable to decisions of the board regarding\ndisability benefits and to appeals from such decisions regarding\ndisabili…