Title WKC, Workers' Compensation

§ 50-a. Self-insurer offset fund. 1. The chair shall maintain a fund to be known as the self-insurer offset fund and such fund shall be held in the sole custody of the chair. The chair may transfer the money in such fund to the administrative account as necessary to effectuate t…

§ 50-b. Task force on group self-insurance. There is established the task force on group self-insurance whose membership shall consist of the chair or his or her designee, the superintendent of financial services or his or her designee, the commissioner of labor or his or her de…

§ 50-c. Self-insured bonds. 1. The chair, with the commissioner of taxation and finance, is authorized to enter into a financing agreement with the dormitory authority, to be known as the "self-insured bond financing agreement". Such agreement shall set forth the process for cal…

§ 51. Posting of notice regarding compensation. Every employer who has complied with section fifty of this article shall post and maintain in a conspicuous place or places in and about his place or places of business typewritten or printed in English and Spanish notices in form …

§ 52. Effect of failure to secure compensation. 1. (a) Failure to secure the payment of compensation for five or less employees within a twelve month period shall constitute a misdemeanor, and is punishable by a fine of not less than one thousand nor more than five thousand doll…

§ 53. Release from liability. An employer securing the payment of compensation by contributing premiums to the state fund shall thereby become relieved from all liability for personal injuries or death sustained by his employees, and the persons entitled to compensation under th…

§ 54. The insurance contract. 1. Right of recourse to the insurance carrier. Every policy of insurance covering the liability of the employer for compensation shall be issued by one or more stock companies, mutual corporations or reciprocal insurers authorized to transact worker…

§ 54-a. Security where coverage is in issue. Where the issue of policy coverage is raised by a carrier in any hearing or proceeding before the board, and an appeal by the carrier, or the making of an application for review is made, although an award is made to a claimant therein…

§ 54-b. Enforcement on failure to pay award or judgment. In case of default by a carrier or self-insured employer in the payment of any compensation due under an award for the period of thirty days after payment is due and payable, or in the case of failure by a carrier or self-…

§ 55. Acceptance of premium by carrier an estoppel. Acceptance of a premium on a policy securing to an employee compensation, either alone or in connection with other insurance, shall estop the carrier so accepting from pleading that the employment of such employee is not a haza…

§ 56. Subcontractors. A contractor, the subject of whose contract is, involves or includes a hazardous employment, who subcontracts all or any part of such contract shall, in any case of injury or death to any employee, arising out of and in the course of such hazardous employme…

§ 57. Restriction on issue of permits and the entering into contracts unless compensation is secured. 1. The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the em…

§ 58. Payment of compensation to persons providing housekeeping or nursing services. An employer under the workmen's compensation law, or the insurance carrier under the policy of workmen's compensation insurance covering such employer, or any other person or organization includ…

§ 60. Definitions. As used in this article, the following terms shall mean and include: 1. "Public corporation." A corporation as defined in section three of the general corporation law, except that a public benefit corporation shall not be deemed a public corporation for the pu…

§ 61. Continuance of existing plans; establishment of new plans. 1. Plans of mutual self-insurance heretofore adopted by boards of supervisors of counties pursuant to former subdivision three-a of section fifty of this chapter, are hereby continued; provided, however, that the b…

§ 62. Participants. Each plan shall have at least two municipal corporations as participants. The county shall be one of the participants in a plan. Any contract agency or contract association with the approval of the county government and any other public corporation may by res…

§ 63. Liability of county. 1. In the case of plans established pursuant to former subdivision three-a of section fifty of this chapter and continued pursuant to the provisions of section sixty-one of this chapter, payments with respect to (a) the liability of participants arisin…

§ 64. Administration of plan. 1. The board of supervisors shall by local law provide for the administration of the plan, such plan to be administered by either a committee or an administrator. Any county officer or employee or other person may be appointed to such committee or a…

§ 65. Rules and regulations. 1. The board of supervisors shall by local law adopt rules and regulations not inconsistent with law for the fair and equitable administration and operation of the plan. Such rules and regulations may provide standards and conditions with respect, bu…

§ 66. Apportionment of costs. 1. The total of the several amounts set forth in the annual estimate prepared pursuant to section sixty-seven of this chapter shall be apportioned to each participant in the proportion that the full valuation of its taxable real property bears to th…

§ 67. Annual estimate; payments by participants. 1. The committee or administrator shall annually, not later than the fifteenth day of August, file with the board of supervisors an estimate of the several amounts necessary for the ensuing calendar year (a) to meet the payments w…

§ 68. Advances to county self-insurance fund. If at any time there are insufficient moneys in the county self-insurance fund, exclusive of the reserve, to operate the plan, the county treasurer shall advance to such fund such amount from the general fund of the county, as shall …

§ 69. Reserve. 1. The board of supervisors in connection with a plan may by local law establish a self-insurance reserve. Such local law shall prescribe the maximum amount which may be contributed to any such reserve. 2. The committee or administrator may at any time in its or h…

§ 70. Excess or catastrophe insurance; public group self-insurance plans. 1. The committee or administrator, subject to the approval of the board of supervisors, may on behalf of the plan purchase excess or catastrophe insurance. The cost of such insurance shall be an administra…

§ 71. Accrual of liabilities. 1. Notwithstanding any other provision of this article, a county may by local law provide for the operation of a plan on an accrued liability basis whereby amounts charged to participants shall be based on the estimated total liability of participan…

§ 72. Annual report. The county treasurer shall annually make a financial report of the plan to the state comptroller as of the close of the calendar year. Such reports shall be in such form and contain such information as may be prescribed by the state comptroller. All reports …

§ 73. Abandonment of plan. The board of supervisors of a county may by local law provide for the abandonment of a plan, effective as of the close of the calendar year then in progress. Such plan, however, shall continue to operate thereafter until all liabilities of the plan inc…

§ 74. Manner of adoption of local laws. A local law authorized by this article shall be adopted in the manner prescribed in the municipal home rule law, or, in the case of a county operating under an alternative form of county government, in the manner provided for such county f…

§ 75. Transition provisions. 1. Existing plans continued. a. Notwithstanding the effective date of this article, plans heretofore established pursuant to former subdivision three-a of section fifty of this chapter and not abandoned pursuant to the provisions of section sixty-one…

§ 75-a. In a county which has established the office of county auditor the board of supervisors may by resolution place all duties of administration upon such auditor. This provision shall apply to all such plans whether established under this article or under former subdivision…

§ 76. Creation of state fund. 1. There is hereby continued in the department of labor a fund known as "the state insurance fund", for the purpose of insuring employers against liability for personal injuries or death sustained by their employees, including liability other than l…

§ 77. Administration. The state insurance fund shall be administered by the commissioners of the state insurance fund, of whom there shall be ten. The commissioner of labor shall, in addition, be a commissioner of such fund by virtue of his or her office. The commissioners shall…

§ 78. Salaries and expenses. The commissioners shall not receive a salary or other compensation, but shall receive their actual and necessary traveling and other expenses incurred in connection with their attendance upon meetings or the business of the fund, which shall be paid …

§ 79. Meetings. The commissioners shall meet at least once in each month, except the month of August, and at such other times as they may determine or the business of the fund may require. Special meetings may be called by the industrial commissioner upon five days' notice, and …

§ 80. Seal. The commissioners shall adopt a seal and shall require it to be used for the authentication of records and documents as may be necessary and proper.

§ 81. Offices, lands, leaseholds and buildings. The commissioners, any law to the contrary notwithstanding, (a) may lease, sub-lease, rent or otherwise hire, on behalf of and in the sole name of the state insurance fund and under such terms and conditions and for such period or …

§ 82. Powers and duties. 1. The commissioners shall appoint an executive director, a general attorney, a secretary for terms of nine years each. Vacancies in such positions shall be filled for the unexpired terms. The commissioners shall also appoint, and may remove, four deputy…

§ 83. Rules. The commissioner shall adopt rules for the conduct of the business of the state fund, and may from time to time alter, amend or repeal any rule therefore adopted. At least six affirmative votes shall be required for the adoption of any rule, or the amendment or repe…

§ 84. General attorney. There shall be a general attorney of the state fund. He shall have such legal and other assistants as may be required, within the limits set forth in the budget. It shall be the duty of the general attorney to advise the commissioners and the management o…

§ 85. Commissioner of taxation and finance custodian of fund. The commissioner of taxation and finance shall be the custodian of the state insurance fund; and all disbursements therefrom shall be paid by him upon drafts signed by the executive director, deputy executive director…

§ 86. Catastrophe surplus and reserves for workers' compensation. Ten per centum of the premiums collected from employers insured in the fund for workers' compensation shall be set aside for the creation of a surplus until such surplus shall amount to the sum of one hundred thou…

§ 86-a. Catastrophe surplus and reserves for disability benefits. Subject to such rules as shall be approved by the superintendent of financial services, there shall be set aside out of the premiums paid into the disability benefits fund an amount sufficient to provide against c…

§ 87. Investment of surplus or reserve. 1. Any of the reserve funds belonging to the state insurance fund, by order of the commissioners, approved by the superintendent of financial services, may be invested in the types of securities described in subdivisions one, two, three, f…

§ 87-a. Investment in obligations of the municipal assistance corporation for the city of New York; indemnification. 1. The state insurance fund, and all state officers with responsibility for the custody or investment thereof, are authorized and directed to take any and all act…

§ 87-b. Investments in obligations of the city of Yonkers; indemnification. 1. The state insurance fund, and all state officers with responsibility for the custody or investment thereof, are authorized and directed to take any and all actions necessary or appropriate to cause su…

§ 87-bb. Investments in obligations of the city of Yonkers; indemnification (1984). 1. The state insurance fund, and all state officers with responsibility for the custody or investment of such fund or of its assets, are authorized and directed to take any and all actions necess…

§ 87-c. Investments in obligations of designated public benefit corporations; indemnifications. 1. The state insurance fund, and all state officers with responsibility for the custody or investment of such fund or of its assets, are authorized and directed to take any and all ac…

§ 87-d. Contractual obligations as evidence of indebtedness upon reimbursement of reserves. 1. a. Notwithstanding any other provision of law the contrary, the state insurance fund, hereafter referred to as the fund, and all state officers with responsibility for the custody or i…

§ 87-e. Amortization of gains or losses. Gains or losses realized by the state insurance fund as a result of sales or dispositions pursuant to the authorization and direction of section eighty-seven-a, eighty-seven-b, eighty-seven-bb, eighty-seven-c, or eighty-seven-f of this ch…

§ 87-f. Appropriations to the state insurance fund. 1. Notwithstanding any other provision of law, the state insurance fund, hereinafter referred to as the fund, and all state officers with responsibility for the custody or investment of such fund or of its assets, shall annuall…