Title WKC, Workers' Compensation

§ 13-g. Payment of bills for medical care. (1) Within forty-five days\nafter a bill for medical care or supplies delivered pursuant to section\nthirteen of this article has been rendered to the employer, such\nemployer must pay the bill or notify the medical care provider or\nsu…

§ 13-h. Ombudsman for injured workers. 1. The office of ombudsman for injured workers is created within the workers' compensation board. The ombudsman shall report directly to the chair. The ombudsman shall act as an advocate for injured workers by accepting complaints concernin…

§ 13-i. Solicitation prohibited. Any person who shall make it a business to solicit employment for any person authorized by this chapter to render medical care to an injured employee in connection with any claim under this chapter, shall be guilty of a misdemeanor, except that t…

§ 13-j. Medical or surgical treatment by insurance carriers and employers. (1) An insurance carrier shall not participate in the treatment of injured workers, except as provided in paragraph five of subdivision (i) of section thirteen of this article and subdivision seven of sec…

* § 13-k. Care and treatment of injured employees by duly licensed\npodiatrists. 1. When the term "chairman" is hereinafter used, it shall\nbe deemed to mean the chair of the workers' compensation board of the\nstate of New York.\n 2. An employee injured under circumstances whic…

* § 13-l. Care and treatment of injured employees by duly licensed\nchiropractors. 1. Where the term "chairman" is hereinafter used, it\nshall be deemed to mean the chair of the workers' compensation board of\nthe state of New York.\n 2. An employee injured under circumstances w…

* § 13-m. Care and treatment of injured employees by duly licensed\npsychologists. 1. Where the term "chairman" is hereinafter used, it\nshall be deemed to mean the chair of the workers' compensation board of\nthe state of New York.\n 2. (a) An injured employee, injured under ci…

§ 13-n. Mandatory registration of entities which derive income from independent medical examinations. * 1. Any entity which derives income from independent medical examinations performed in accordance with subdivision four of section thirteen-a, subdivision three of section thir…

§ 13-o. Pharmaceutical fee schedule. The chair shall adopt a pharmaceutical fee schedule which shall establish maximum allowable fees for prescription medicines provided pursuant to this chapter. The schedule shall include a single dispensing fee. Nothing in the fee schedule sha…

§ 13-p. Comprehensive prescription drug formulary. The chair shall establish a comprehensive prescription drug formulary on or before December thirty-first, two thousand seventeen. The prescription drug formulary shall include a tiered list of high-quality, cost-effective medica…

§ 130. Workmen's compensation premiums shall be deemed preferred claims. All premiums and interest charges on account of policies insuring employers against liability under this chapter which may be due to the state insurance fund, or any stock corporation or mutual association …

§ 131. Payroll records. (1) Every employer subject to the provisions of this chapter shall keep a true and accurate record of the number of his or her employees, the classification of employees, information regarding employee accidents and the wages paid by him or her for a peri…

§ 132. Criminal prosecution; certifications. 1. The attorney-general may prosecute every person charged with the commission of a criminal offense in violation of this chapter, or of any rule, regulation or order made thereunder, or in violation of the laws of this state, applica…

§ 133. Refunds and credits. In any case where an award, an assessment or a penalty has been made and paid directly into the state treasury or into one of the special funds created under the provisions of this chapter, and it is thereafter determined by the chairman, the board or…

§ 134. Workplace safety and loss prevention program; certification of safety and loss management specialists. 1. The commissioner of labor, in consultation with the superintendent of financial services and the chair of the board shall develop a compulsory workplace safety and lo…

§ 135. Premium credits for safety investment. 1. An employer insured by a licensed insurer or the state insurance fund for workers' compensation insurance may apply for a credit against the premiums for such coverage provided such employer is not currently receiving any statutor…

§ 136. Workers' compensation fraud inspector general. 1. Definitions. For the purposes of this section, the following definitions shall apply: (a) "Inspector general" means the workers' compensation fraud inspector general created by this section. (b) "Assistant inspector genera…

§ 137. Independent medical examinations. 1. (a) A copy of each report of independent medical examination shall be submitted by the practitioner on the same day and in the same manner to the board, the insurance carrier, the claimant's attending physician or other attending pract…

§ 14. Weekly wages basis of compensation. Except as otherwise provided in this chapter, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation or death benefits, and shall be determined as follows…

§ 14-a. Double compensation and death benefits when minors illegally\nemployed. 1. Compensation, death benefits, and awards to the\ncommissioner of taxation and finance in accordance with subdivision nine\nof section fifteen and section twenty-five-a, as provided in this\narticl…

§ 140. Workers' compensation board. The workers' compensation board in the department of labor is hereby continued. Such board shall consist of thirteen members, at least four of whom shall be attorneys and counsellors-at-law duly admitted to practice in this state. The members …

* § 141. General powers and duties of the chair. The chair shall be the administrative head of the workers' compensation board and shall exercise the powers and perform the duties in relation to the administration of this chapter heretofore vested in the commissioner of labor by…

§ 141-a. Civil enforcement. 1. To investigate violations of sections fifty-two, one hundred thirty-one and two hundred thirteen of this chapter, the chair or his or her designees shall have the power to: (a) Enter and inspect any place of business at any reasonable time for the …

§ 141-b. Suspension and debarment. Any person subject to a final assessment of civil fines or penalties or a stop-work order, or that has been convicted of a misdemeanor for a violation of sections twenty-six, fifty-two or one hundred thirty-one of this chapter, and any substant…

§ 141-c. Coordination of forms. The board, the commissioner of labor, the commissioner of taxation and finance, the commissioner of motor vehicles, and the superintendent of financial services shall consult on an ongoing basis to coordinate the amendment of forms used to gather …

§ 142. General powers and duties of the workmen's compensation board. 1. The workmen's compensation board shall have power to hear and determine all claims for compensation or benefits or relating to special funds created under the provisions of this chapter, in the manner provi…

§ 143. Maintenance of records. 1. The board is authorized and empowered to use electronic means in accordance with section three hundred five of the state technology law to record and maintain public records, papers, documents or matters required by law to be recorded. Such reco…

§ 144. Seal. The board may adopt a seal and require that it be used for the authentication of orders and proceedings and for such other purposes as the board may prescribe.

§ 145. Oaths of office. The members of the board and the secretary shall, before entering upon the duties of their office, take and subscribe the constitutional oath of office. Such oaths shall be filed in the office of the department of state.

§ 146. Offices of the board. There shall be an office of the board in the city of New York and at such other place or places in the state as may be required properly and conveniently to transact the business of the board. The board may meet and exercise any or all of its powers …

§ 147. Vacancies and removals. If a vacancy shall occur in the office of any member of the board otherwise than by expiration of term, it shall be filled by the governor, by and with the advice and consent of the senate, for the unexpired term. The governor may remove the chairm…

§ 148. Salaries and expenses. 1. The chairman and members of the board shall devote their entire time to the duties of their office and shall not practice in their respective professions or callings. The reasonable and necessary expenses of the board and the reasonable and neces…

§ 149. Employees. Permanent employees of the department of labor assigned to duties wholly in relation to the enforcement and administration of this chapter, in the competitive class of the classified civil service in office when this section takes effect shall continue in offic…

§ 15. Schedule in case of disability. The following schedule of\ncompensation is hereby established:\n 1. Permanent total disability. In case of total disability adjudged to\nbe permanent sixty-six and two-thirds per centum of the average weekly\nwages shall be paid to the emplo…

§ 15-a. Assessment on insolvent group self-insured trusts. The legislature finds that in lieu of the assessments under sections fifteen and one hundred fifty-one of this chapter that shall no longer be imposed on closed group self-insured trusts as a result of the chapter of the…

§ 150. Referees and secretary. (a) The chair shall appoint as many persons as may be necessary to be referees to perform the duties prescribed by this section. All positions of referee now in existence shall remain in the exempt class of the classified civil service, except as o…

§ 150-a. Secretary as agent for service of process on non-resident non-insured employers; method and effect of service. Any non-insured employer, not a resident of this state or any resident non-insured employer who becomes a non-resident of this state after the occurrence of an…

§ 151. Assessments for annual expenses. 1. The annual expenses necessary for the board to administer the provisions of this chapter, the volunteer ambulance workers' benefit law, the volunteer firefighters' benefit law, the disability benefits law, and the workmen's compensation…

§ 152. Administrative regulations. The chairman of the board may make, amend and repeal regulations for the administration of the board and its employees. Such regulations shall not be deemed rules within the meaning of this chapter or of the labor law unless the context of such…

* § 153. Annual report. The board shall on or before the first day of February in each year make an annual report in writing to the governor, stating in detail the work it has done in hearing and deciding cases and otherwise. * NB Effective until January 1, 2028 * § 153. Annual …

§ 154. Construction of article. This article shall be construed as a continuation of those parts of article two of chapter thirty-six of the laws of nineteen hundred nine, entitled "An act relating to labor, constituting chapter thirty-one of the consolidated laws," as amended b…

§ 155. Saving clause. This article shall not affect pending actions, civil or criminal, brought by or against the department of labor, the industrial commissioner or the industrial board, but the same may be prosecuted or defended in the same manner and with the same effect as i…

§ 156. Separability. If any clause, sentence, paragraph, or part of this article or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgments shall not affect, impair, or invalida…

§ 157. Application of article to volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law. The following terms used in this article, unless inconsistent with the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law, are h…

§ 16. Death benefits. If the injury causes death, the compensation\nshall be known as a death benefit and shall be payable in the amount and\nto or for the benefit of the persons following:\n 1. Funeral expenses. The chair shall prepare and establish a schedule\nfor the state or…

§ 16-a. Death benefits due to diesel exposure. Where death is due in whole or part to any cancer resulting from a hazardous exposure to diesel exhaust, a claim for death benefits shall not be disallowed as barred by section eighteen or section twenty-eight of this article if suc…

§ 161. Definitions. Whenever used in this article: 1. "Participant in World Trade Center rescue, recovery, or cleanup operations" means any (a) employee who within the course of employment, or (b) volunteer upon presentation to the board of evidence satisfactory to the board tha…

§ 162. Registration of participation in World Trade Center rescue, recovery and clean-up operations. In order for the claim of a participant in World Trade Center rescue, recovery and clean-up operations to come within the application of this article, such participant must file …

§ 163. Notice; participants in the World Trade Center rescue, recovery and clean-up operations. The notice requirements for injury or death resulting from a qualifying condition for a participant in World Trade Center rescue, recovery and clean-up operations shall be the same as…

§ 164. Disablement of a participant in World Trade Center rescue, recovery and clean-up operations treated as an accident. The date of disablement of a participant in World Trade Center rescue, recovery and clean-up operations resulting from a qualifying condition that is causal…