Title WKC, Workers' Compensation

§ 1. Short title. a. This chapter shall be known as the "workers'\ncompensation law."\n b. Reference in this chapter or in any other law to the workmen's\ncompensation law shall be deemed to mean and refer to the workers'\ncompensation law. The terms "workman" or "workmen" appea…

§ 10. Liability for compensation. 1. Every employer subject to this\nchapter shall in accordance with this chapter, except as otherwise\nprovided in section twenty-five-a hereof, secure compensation to his\nemployees and pay or provide compensation for their disability or death\…

§ 100. Insurance against liability to volunteer firefighters and\nambulance workers. Insurance contracts issued by the state insurance\nfund to insure political subdivisions against liability in relation to\nvolunteer firefighters or volunteer ambulance workers under the\nvolunt…

§ 106. Consolidation of funds; definitions. On and after March first,\nnineteen hundred ninety, the stock workers' compensation security fund\nand the mutual workers' compensation security fund heretofore created\nare hereby consolidated into a single fund to be known as the "wo…

§ 107. Workers' compensation security fund. The purpose of the fund is\nto assure to persons and funds entitled thereto the compensation and\nbenefits provided by this chapter for employments insured in insolvent\ncarriers, including the return of unearned premiums. Such fund sh…

§ 108. Payments into fund; returns; recoupment. 1. On or before the\nfifteenth day of February, May, August and November, of each year, every\ncarrier shall file, quarterly, with the superintendent of financial\nservices and with the commissioner of taxation and finance, identic…

§ 109. Suspension of payments into fund; temporary surcharge\nauthorized. 1. When as of the end of any quarterly period the amount of\nassets in the fund, as determined by the superintendent of financial\nservices, including any appropriation to such fund from the general fund\n…

§ 109-a. Administration of fund. The superintendent of financial\nservices may adopt, amend and enforce all reasonable rules and\nregulations necessary for the proper administration of said fund. In the\nevent any carrier shall fail to file any return or make any payment\nrequir…

§ 109-b. Custody and investment of fund. 1. The fund created by this\narticle shall be separate and apart from any other fund so created and\nfrom all other state moneys, and the faith and credit of the state of\nNew York is pledged for its safekeeping. The commissioner of taxat…

§ 109-c. Payments from fund. 1. The final award for compensation or\ndeath benefits, or installments thereof, or of payment of benefits into\nthe special funds created under the provisions of subdivisions eight and\nnine of section fifteen and section twenty-five-a of this chapt…

§ 109-d. Notification of insolvency. Duties of chairman. Forthwith\nupon any carrier becoming an insolvent carrier, the superintendent of\nfinancial services shall so notify the chairman, who shall immediately\nadvise the superintendent (a) of all claims for compensation pending…

§ 109-e. Rights and duties of superintendent of financial services as\nadministrator of the fund. The superintendent of financial services may\ndesignate or appoint a duly authorized representative or representatives\nto appear and defend an insured against a liability claim und…

§ 109-f. Expenses of administration. The expense of administering the\nfund shall be paid out of the fund. Prior to the first days of January,\nApril, July and October there shall be submitted to the director of the\nbudget for approval an estimated budget of expenditures for th…

§ 11. Alternative remedy. 1. The liability of an employer prescribed\nby the last preceding section shall be exclusive and in place of any\nother liability whatsoever, to such employee, his or her personal\nrepresentatives, spouse, parents, dependents, distributees, or any\npers…

§ 110. Record and report of injuries by employers. 1. An employer,\nor a third party designated by the employer, shall record any injury or\nillness incurred by one of its employees in the course of employment\nusing the form prescribed by the chair for reporting injuries under\…

§ 110-a. Confidentiality of workers' compensation records. 1.\nRestrictions on disclosure. (a) Except upon the order or subpoena of a\ncourt of competent jurisdiction, or subpoena of a law enforcement\nagency, or subpoena properly issued under the authority of an\nadministrative…

§ 110-b. Reporting of injuries to employer. Every farm labor\ncontractor, foreman or supervisor of farm laborers who has notice of any\ninjury to a farm laborer incurred during the course of employment shall\nbe required to inform the employer, owner or operator of a farm of any…

§ 111. Information to be furnished by employer. Every employer shall\nfurnish the chairman, upon request, any information required by him to\ncarry out the provisions of this chapter. The chairman or board may\nexamine under oath any employer, officer, agent or employee. An empl…

§ 112. Inspection of records of employers. All books, records and\npayrolls of the employers, showing or reflecting in any way upon the\namount of wage expenditures of such employers shall always be open for\ninspection by the chairman for the purpose of ascertaining the\ncorrec…

§ 113. Interstate commerce. The provisions of this chapter shall apply\nto employers and employees engaged in intrastate, and also interstate or\nforeign commerce, for whom a rule of liability or method of compensation\nhas been or may be established by the congress of the Unite…

§ 114. Penalties for fraudulent practices. 1. Any person who,\nknowingly and with intent to defraud presents, causes to be presented,\nor prepares with knowledge or belief that it will be presented to or by\nan insurer or purported insurer, or any agent thereof, any written\nsta…

§ 114-a. Disqualification for false representation. 1. If for the\npurpose of obtaining compensation pursuant to section fifteen of this\nchapter, or for the purpose of influencing any determination regarding\nany such payment, a claimant knowingly makes a false statement or\nre…

§ 114-b. Readjustment of an employer's experience rating. If pursuant\nto section one hundred fourteen-a of this chapter, benefits or payments\nare suspended or otherwise prohibited, and so long as the employer has\nnot been found to be in violation of section one hundred fourte…

§ 114-c. Multiple offenses. Any provision of this chapter which\nimposes additional penalties for a second or subsequent offense shall\napply whenever the prior offense was committed by a substantially owned\naffiliated entity of the party subject to penalty.\n

§ 115. Limitation of time. No limitation of time provided in this\nchapter shall run as against any person who is mentally incompetent or a\nminor so long as he has no committee or guardian.\n

§ 116. Sessions. The offices of the chairman and the board shall be\nopen for business during all business hours of all days except Sundays\nand legal holidays. All sessions of the board shall be public. The\nrecords of the board shall contain a record of each case considered, a…

§ 117. Rules. 1. The board may adopt reasonable rules consistent with\nand supplemental to the provisions of this chapter and the labor law.\nThe chairman may make reasonable regulations consistent with the\nprovisions of this chapter and the labor law.\n 2. Notwithstanding any …

§ 118. Technical rules of evidence or procedure not required. The\nchairman or board in making an investigation or inquiry or conducting a\nhearing shall not be bound by common law or statutory rules of evidence\nor by technical or formal rules of procedure, except as provided b…

§ 118-a. Effect of findings and determinations in subsequent\nproceedings. With respect to an action for a workers' compensation claim\npermissible under this chapter, no finding or decision by the workers'\ncompensation board, judge or other arbiter shall be given collateral\ne…

§ 119. Subpoenas. A subpoena or a subpoena duces tecum may be signed\nand issued by the chairman, a member of the board, referee or such other\nofficer as may be designated by the chairman. A subpoena or a subpoena\nduces tecum may also be signed and issued by any attorney and\n…

§ 12. Compensation not allowed for first seven days. No compensation\nshall be allowed for the first seven days of disability, except the\nbenefits provided for in section thirteen of this chapter, provided,\nhowever, that in case the injury results in disability of more than\nf…

§ 120. Discrimination against employees. It shall be unlawful for any\nemployer or his or her duly authorized agent to discharge or fail to\nreinstate pursuant to section two hundred three-b of this chapter, or in\nany other manner discriminate against an employee as to his or h…

§ 121. Depositions. The chairman or board may cause depositions of\nwitnesses residing within or without the state to be taken in the manner\nprescribed by law for like depositions in civil actions in the supreme\ncourt.\n

§ 121-a. Proof of dependency in foreign countries. In cases involving\nthe dependency of noncitizens residing in foreign countries, transcripts\nof birth or marriage certificates, also documents and affidavits,\ncertified by a local official or local magistrate and authenticated…

§ 122. Transcripts. A copy of the testimony, evidence and procedure of\nany investigation, or a particular part thereof, transcribed by a\nstenographer in the employ of the board and certified by such\nstenographer to be true and correct may be received in evidence with the\nsam…

§ 123. Jurisdiction of board to be continuing. The power and\njurisdiction of the board over each case shall be continuing, and it\nmay, from time to time, make such modification or change with respect to\nformer findings, awards, decisions or orders relating thereto, as in its\…

§ 124. Reporting. 1. The chair shall prescribe the form and format for\nthe collection and dissemination of information and data as the\nadministration of this chapter requires. In the event the proper format\nrequires the submission of a complete paper document, the chair shall…

§ 125. Job discrimination prohibited based on prior receipt of\nbenefits. 1. It shall be unlawful for any employer to inquire into, or\nto consider for the purpose of assessing fitness or capability for\nemployment, whether a job applicant has filed for or received benefits\nund…

§ 125-a. Discriminating against an injured veteran. 1. An insurance\ncarrier is guilty of unlawfully discriminating against an injured\nveteran when with respect to workers' compensation insurance, the\ninsurer knowingly and intentionally (a) discriminates against an injured\nve…

§ 127. Construction. This chapter shall be read and construed in\nconnection with the labor law.\n

§ 128. Unconstitutional provisions. If any section or provision of\nthis chapter be decided by the courts to be unconstitutional or invalid,\nthe same shall not affect the validity of the chapter as a whole or any\npart thereof other than the part so decided to be unconstitution…

§ 129. Actions or causes of action pending. This act shall not affect\nany action pending or cause of action existing or which accrued prior to\nJuly first, nineten hundred and twenty-two.\n

§ 13. Treatment and care of injured employees. (a) The employer shall\npromptly provide for an injured employee such medical, dental, surgical,\noptometric or other attendance or treatment, nurse and hospital service,\nmedicine, optometric services, crutches, eye-glasses, false …

* § 13-a. Selection of authorized physician by employee. (1) An\ninjured employee may, when care is required, select to treat him or her\nany physician authorized by the chair to render medical care, as\nhereafter provided. If for any reason during the period when medical\ntreat…

§ 13-aa. Medical appeals unit. 1. There is hereby created a medical\nappeals unit. Such medical appeals unit shall consist of three\nphysicians licensed to practice in this state and known to represent the\nschools of medical practice eligible to practice under this chapter. The…

* § 13-b. Authorization of providers, medical bureaus and laboratories\nby the chair. 1. No person shall render medical care or conduct\nindependent medical examinations under this chapter without such\nauthorization by the chair. As used in this title, the following\ndefinition…

§ 13-c. Licensing of compensation medical bureaus and laboratories. 1.\nThe chairman may, upon the recommendation of the medical society of the\ncounty or of a board as provided in section thirteen-b, authorize and\nlicense compensation medical bureaus in such counties operated …

* § 13-d. Removal of providers from lists of those authorized to\nrender medical care or to conduct independent medical examinations. 1.\nThe medical society of the county in which the physician's office is\nlocated at the time or a board designated by such county society or a\n…

§ 13-e. Revocation of licenses of compensation medical bureaus and\nlaboratories. The chairman may revoke the license of any compensation\nmedical bureau or laboratory upon a finding certified to him by the\nmedical society of the county in which such bureau or laboratory is\nlo…

* § 13-f. Payment of medical fees. (1) Fees for medical services shall\nbe payable only to a physician or other qualified person permitted by\nsections thirteen-b, thirteen-k, thirteen-l and thirteen-m of this\nchapter or other authorized provider of health care under the educat…