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 chapter shall in accordance with this chapter, except as otherwise provided in section twenty-five-a hereof, secure compensation to his employees and pay or provide compensation for their disability or death fro…

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

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

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

§ 108. Payments into fund; returns; recoupment. 1. On or before the fifteenth day of February, May, August and November, of each year, every carrier shall file, quarterly, with the superintendent of financial services and with the commissioner of taxation and finance, identical …

§ 109. Suspension of payments into fund; temporary surcharge authorized. 1. When as of the end of any quarterly period the amount of assets in the fund, as determined by the superintendent of financial services, including any appropriation to such fund from the general fund equa…

§ 109-a. Administration of fund. The superintendent of financial services may adopt, amend and enforce all reasonable rules and regulations necessary for the proper administration of said fund. In the event any carrier shall fail to file any return or make any payment required b…

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

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

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

§ 109-e. Rights and duties of superintendent of financial services as administrator of the fund. The superintendent of financial services may designate or appoint a duly authorized representative or representatives to appear and defend an insured against a liability claim under …

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

§ 11. Alternative remedy. 1. The liability of an employer prescribed by the last preceding section shall be exclusive and in place of any other liability whatsoever, to such employee, his or her personal representatives, spouse, parents, dependents, distributees, or any person o…

§ 110. Record and report of injuries by employers. 1. An employer, or a third party designated by the employer, shall record any injury or illness incurred by one of its employees in the course of employment using the form prescribed by the chair for reporting injuries under sub…

§ 110-a. Confidentiality of workers' compensation records. 1. Restrictions on disclosure. (a) Except upon the order or subpoena of a court of competent jurisdiction, or subpoena of a law enforcement agency, or subpoena properly issued under the authority of an administrative age…

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

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

§ 112. Inspection of records of employers. All books, records and payrolls of the employers, showing or reflecting in any way upon the amount of wage expenditures of such employers shall always be open for inspection by the chairman for the purpose of ascertaining the correctnes…

§ 113. Interstate commerce. The provisions of this chapter shall apply to employers and employees engaged in intrastate, and also interstate or foreign commerce, for whom a rule of liability or method of compensation has been or may be established by the congress of the United S…

§ 114. Penalties for fraudulent practices. 1. Any person who, knowingly and with intent to defraud presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer or purported insurer, or any agent thereof, any written stateme…

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

§ 114-b. Readjustment of an employer's experience rating. If pursuant to section one hundred fourteen-a of this chapter, benefits or payments are suspended or otherwise prohibited, and so long as the employer has not been found to be in violation of section one hundred fourteen …

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

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

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

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

§ 118. Technical rules of evidence or procedure not required. The chairman or board in making an investigation or inquiry or conducting a hearing shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by t…

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

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

§ 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 employer or his or her duly authorized agent to discharge or fail to reinstate pursuant to section two hundred three-b of this chapter, or in any other manner discriminate against an employee as to his or her …

§ 121. Depositions. The chairman or board may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the supreme court.

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

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

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

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

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

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

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

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

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

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

* § 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 appeals unit. Such medical appeals unit shall consist of three physicians licensed to practice in this state and known to represent the schools of medical practice eligible to practice under this chapter. The me…

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

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

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

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

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