Aggregated by Superinsight from public-domain sources, as of 2026-09-02.
N.Y. Workers' Comp. Law § 110
NYS Open Legislation, revision of 2014-09-22.
§ 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 subdivision two of this section. Such form, a copy of which shall be provided to the injured employee upon request, shall be maintained by the employer, or a third party designated by the employer, for at least eighteen years, and shall be subject to review by the chair at any time. Such form need not be filed with the chair unless the status of such injury or illness changes resulting in a loss of time from regular duties or in medical treatment which would require reporting in accordance with subdivision two of this section.
An employer, or a third party designated by the employer, shall file with the chair of the workers' compensation board and with the carrier if the employer is insured, upon a form prescribed by the chair, a report of any accident resulting in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid. Such report shall state the name and nature of the business of the employer, the location of its establishment or place of work, the name, address and occupation of the injured employee, the time, nature and cause of the injury and such other information as may be required by the chair. Such report shall be filed within ten days after the occurrence of the accident. An employer shall furnish a report of an occupational disease incurred by an employee in the course of his or her employment, to the chair of the workers' compensation board, and to the carrier if the employer is insured, upon the same form. The carrier, within fourteen days of receipt of the report or accompanying the initial check forwarded to the employee, whichever is earlier, or a self-insured employer, within fourteen days of transmitting the report to the chair or accompanying the initial check forwarded to the employee, whichever is earlier, shall provide the injured employee or, in the case of death, his or her dependents with a written statement of their rights under this chapter, in a form prescribed by the chair. An employer shall file a report of any other accident resulting in personal injury incurred by its employee in the course of employment, upon the same form, whenever directed by the chair.
Any injury or illness which is not required to be reported in accordance with subdivision two of this section, shall not be used as a basis for determining experience modification rates, provided the employer pays in the first instance or reimburses the employer's insurer for the treatment rendered to the employee.
An employer who refuses or neglects to make a report or to keep records as required by this section shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars. The board or chair may impose a penalty of not more than two thousand five hundred dollars upon an employer who refuses or neglects to make such report.
The chair shall be authorized to promulgate regulations necessary to carry out the provisions of this section.
N.Y. Workers' Comp. Law § 110-A
NYS Open Legislation, revision of 2014-09-22.
§ 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 agency, or in accordance with subdivision two or three of this section, no workers' compensation record shall be disclosed, redisclosed, released, disseminated or otherwise published by an officer, member, employee or agent of the board to any other person.
(b) For purposes of this section, (i) "record" means a claim file, a file regarding an injury or complaint for which no claim has been made, and/or any records maintained by the board in electronic databases in which individual claimants or workers are identifiable, or any other information relating to any person who has heretofore or hereafter reported an injury or filed a claim for workers' compensation benefits, including a copy or oral description of a record which is or was in the possession or custody of the board, its officers, members, employees or agents.
(ii) "person" means any natural person, corporation, association, partnership, or other public or private entity.
(iii) "individually identifiable information" means any data concerning any injury, claim, or potential claim that is linked to an identifiable employee or other natural person.
(a) those officers, members and employees of, and to those who contract with, the board if such disclosure is necessary to the performance of their official duties pursuant to a purpose of the board required to be accomplished by statute or executive order or otherwise necessary to perform their lawful duties;
(b) officers or employees of another governmental unit, or agents and/or contractors of the governmental unit at the request and/or direction of the governmental unit, if the information sought to be disclosed is necessary for the receiving governmental unit to operate a program or carry out a purpose specifically authorized by statute, including the investigation of a fraud, criminal offense or licensing or regulatory violation, or to act upon an application for benefits submitted by the person who is the subject of the record;
(c) a person who is the subject of the particular record for which disclosure is sought; or an attorney or licensed representative who is retained by the person who is the subject of the particular record for which disclosure is sought;
(d) a workers' compensation insurance carrier, employer or the state insurance fund, including officers, employees, legal representatives, agents, reinsurers and contractors thereof, where such individuals are acting within the scope of their duties in evaluating, processing or settling a claim involving the subject of the particular record for which disclosure is sought, and where such carrier, employer or fund is a party to such claim;
(e) a judicial or administrative officer or employee in connection with an administrative or judicial proceeding; and
(f) a person engaged in bona fide statistical research, including but not limited to actuarial studies and health and safety investigations, which are authorized by statute or regulation of the board or other governmental agency. Individually identifiable information shall not be disclosed unless the researcher has entered into a confidentiality agreement with the board and has agreed that any research findings will not disclose individually identifiable information; and
(g) an insurer or health benefit plan including officers, employees, legal representatives, agents, and contractors thereof, where such individuals are acting within the scope of their duties in evaluating compensation records for the purpose of determining entitlement to reimbursement for payments made for medical and/or hospital services pursuant to subdivisions (d) and (h) of section thirteen of this chapter.
(h) a treating physician or other health care provider who has rendered treatment to a claimant, or is seeking authorization for treatment or special services, (i) where the information sought to be disclosed relates to (a) compensability of a claim related to such treatment, (b) reimbursement for such treatment, or (c) authorization for special services; or (ii) where the information to be disclosed is limited to notice to the treating physician or other health care provider that a waiver agreement has been initiated pursuant to section thirty-two of this chapter.
Individual authorization. Notwithstanding the restrictions on disclosure set forth under subdivision one of this section, a person who is the subject of a workers' compensation record may authorize the release, re-release or publication of his or her record to a specific person not otherwise authorized to receive such record, by submitting written authorization for such release to the board on a form prescribed by the chair or by a notarized original authorization specifically directing the board to release workers' compensation records to such person. However, in accordance with section one hundred twenty-five of this article, no such authorization directing disclosure of records to a prospective employer shall be valid; nor shall an authorization permitting disclosure of records in connection with assessing fitness or capability for employment be valid, and no disclosure of records shall be made pursuant thereto. It shall be unlawful for any person to consider for the purpose of assessing eligibility for a benefit, or as the basis for an employment-related action, an individual's failure to provide authorization under this subdivision.
It shall be unlawful for any person who has obtained copies of board records or individually identifiable information from board records to disclose such information to any person who is not otherwise lawfully entitled to obtain these records.
Any person who knowingly and willfully obtains workers' compensation records which contain individually identifiable information under false pretenses or otherwise violates this section shall be guilty of a class A misdemeanor and shall be subject upon conviction, to a fine of not more than one thousand dollars.
In addition to or in lieu of any criminal proceeding available under this section, whenever there shall be a violation of this section, application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than five hundred dollars for the first violation, and not more than one thousand dollars for the second or subsequent violation within a three year period. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
N.Y. Workers' Comp. Law § 110-B
NYS Open Legislation, revision of 2020-01-10.
§ 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 such injury.
N.Y. Workers' Comp. Law § 111
NYS Open Legislation, revision of 2014-09-22.
§ 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 employer or an employee receiving from the chairman a blank with directions to file the same shall cause the same to be properly filled out so as to answer fully and correctly all questions therein, or if unable to do so, shall give good and sufficient reasons for such failure. Answers to such questions shall be subscribed by the employer or the employee and affirmed as true under the penalties of perjury and returned to the chairman within the period fixed by the chairman therefor.
N.Y. Workers' Comp. Law § 112
NYS Open Legislation, revision of 2014-09-22.
§ 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 correctness of the wage expenditure and number of men employed and such other information as may be necessary for the uses and purposes of the chairman in the administration of this chapter.
N.Y. Workers' Comp. Law § 113
NYS Open Legislation, revision of 2014-09-22.
§ 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 States, only to the extent that their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or foreign commerce, provided that awards according to the provisions of this chapter may be made by the board in respect of injuries subject to the admiralty or other federal laws in case the claimant, the employer and the insurance carrier waive their admiralty or interstate commerce rights and remedies, and the state insurance fund or other insurance carrier may assume liability for the payment of such awards under this chapter.
N.Y. Workers' Comp. Law § 114
NYS Open Legislation, revision of 2014-09-22.
§ 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 statement as part of, or in support of, an application for the issuance of or the rating of an insurance policy for compensation insurance, or a claim for payment or other benefit pursuant to a compensation policy which he or she knows to: (i) contain a false statement or representation concerning any fact material thereto; or (ii) omits any fact material thereto, shall be guilty of a class E felony. Upon conviction, the court in addition to any other authorized sentence, may order forfeiture of all rights to compensation or payments of any benefit, and may also require restitution of any amount received as a result of a violation of this subdivision.
An employer or carrier, or any employee, agent, or person acting on behalf of an employer or carrier, who knowingly makes a false statement or representation as to a material fact in the course of reporting, investigation of, or adjusting a claim for any benefit or payment under this chapter for the purpose of avoiding provision of such payment or benefit shall be guilty of a class E felony.
A person who knowingly makes a false statement or representation as to a material fact for the purpose of obtaining, maintaining or renewing insurance under this chapter, whether for himself or herself or for any other person or entity or for the purpose of evading the requirements of section fifty of this chapter shall be guilty of a class E felony. In addition to any other remedy, the carrier providing insurance shall be entitled to restitution of any amount obtained or withheld as a result of a violation of this subdivision.
Consistent with the provisions of the criminal procedure law, in any prosecution alleging a violation of subdivision one, two or three of this section, or sections fifty-two and one hundred thirty-one of this chapter, in which the act or acts alleged may also constitute a violation of the penal or other law, the prosecuting official may charge a person pursuant to the provisions of this section and in the same accusatory instrument with a violation of such other law.
A person (a) who is convicted of a second or subsequent offense under this section within ten years of the prior conviction, or (b) who violates any provision of this section concerning two or more claimants, shall be guilty of a class D felony.
N.Y. Workers' Comp. Law § 114-A
NYS Open Legislation, revision of 2014-09-22.
§ 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 representation as to a material fact, such person shall be disqualified from receiving any compensation directly attributable to such false statement or representation. In addition, as determined by the board, the claimant shall be subject to a disqualification or an additional penalty up to the foregoing amount directly attributable to the false statement or representation. Any penalty monies shall be paid into the state treasury.
If with the knowledge of a claimant, another person knowingly makes a false statement or representation as to a material fact for the purpose of assisting a claimant in either obtaining, or influencing any determination regarding compensation pursuant to section fifteen of this chapter, such claimant may be disqualified from receiving any compensation directly attributable to such false statement or representation. In addition, as determined by the board, the claimant may be subject to a disqualification or an additional penalty up to the foregoing amount directly attributable to the false statement or representation. Any penalty monies shall be deposited to the credit of the general fund of the state.
If the board or any court having jurisdiction over proceedings in respect of any claim for compensation determines that the proceedings in respect of such claim, including any appeals, have been instituted or continued without reasonable ground:
(i) the cost of such proceedings shall be assessed against the party who has so instituted or continued the proceedings, which shall be payable to the board for administrative expenses pursuant to section one hundred fifty-one of this chapter;
(ii) reasonable attorneys' fees shall be assessed against an attorney or licensed representative who has instituted or continued proceedings without reasonable grounds, which assessment shall be payable to the board for administrative expenses pursuant to section one hundred fifty-one of this chapter. Fees awarded under this provision may not be recouped from the party; and
(iii) such assessments shall be in addition to any other penalty permitted under this chapter.
N.Y. Workers' Comp. Law § 114-B
NYS Open Legislation, revision of 2014-09-22.
§ 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 of this chapter, such employer's experience rating, or where the employer is not experience rated, any surcharges resulting from the fraudulent claim, shall be readjusted to reflect the position in which it would have been, or the experience rating which it would have had, had such fraudulent claim not been made.
N.Y. Workers' Comp. Law § 114-C
NYS Open Legislation, revision of 2014-09-22.
§ 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.
N.Y. Workers' Comp. Law § 115
NYS Open Legislation, revision of 2014-09-22.
§ 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.
N.Y. Workers' Comp. Law § 116
NYS Open Legislation, revision of 2014-09-22.
§ 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 all awards, decisions or orders with respect thereto. For convenience of parties and prevention of delay or expense, the board may hold sessions in cities other than Albany.
N.Y. Workers' Comp. Law § 117
NYS Open Legislation, revision of 2014-09-22.
§ 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.
N.Y. Workers' Comp. Law § 118
NYS Open Legislation, revision of 2014-09-22.
§ 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 this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to ascertain the substantial rights of the parties. Declarations of a deceased employee concerning the accident shall be received in evidence and shall, if corroborated by circumstances or other evidence, be sufficient to establish the accident and the injury.
N.Y. Workers' Comp. Law § 118-A
NYS Open Legislation, revision of 2023-01-06.
§ 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 estoppel effect in any other action or proceeding arising out of the same occurrence, other than the determination of the existence of an employer employee relationship.
N.Y. Workers' Comp. Law § 119
NYS Open Legislation, revision of 2014-09-22.
§ 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 counsellor-at-law appearing before the board on behalf of a claimant or other party. A subpoena issued under this section shall be regulated by civil practice law and rules.
N.Y. Workers' Comp. Law § 120
NYS Open Legislation, revision of 2020-01-10.
§ 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 employment because such employee has claimed or attempted to claim compensation from such employer, requested a claim form for injuries received in the course of employment, or claimed or attempted to claim any benefits provided under this chapter or because he or she has testified or is about to testify in a proceeding under this chapter and no other valid reason is shown to exist for such action by the employer.
Any complaint alleging such an unlawful discriminatory practice must be filed within two years of the commission of such practice. Upon finding that an employer has violated this section, the board shall make an order that any employee so discriminated against shall be restored to employment or otherwise restored to the position or privileges he or she would have had but for the discrimination and shall be compensated by his or her employer for any loss of compensation arising out of such discrimination together with such fees or allowances for services rendered by an attorney or licensed representative as fixed by the board. Any employer who violates this section shall be liable to a penalty of not less than one hundred dollars or more than five hundred dollars, as may be determined by the board. All such penalties shall be paid into the state treasury. All penalties, compensation and fees or allowances shall be paid solely by the employer. The employer alone and not his or her carrier shall be liable for such penalties and payments. Any provision in an insurance policy undertaking to relieve the employer from liability for such penalties and payments shall be void.
An employer found to be in violation of this section and the aggrieved employee must report to the board as to the manner of the employer's compliance within thirty days of receipt of a final determination. In case of failure to report on compliance, or failure to comply with an order or penalty of the board within thirty days after the order or notice of penalty is served, except where timely application to the board for a modification, rescission or review of such order or penalty has been filed under section twenty-three of this chapter, the chair in any such case or, on the chair's consent, any party may enforce the order or penalty in a like manner as an award of compensation.
N.Y. Workers' Comp. Law § 121
NYS Open Legislation, revision of 2014-09-22.
§ 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.
N.Y. Workers' Comp. Law § 121-A
NYS Open Legislation, revision of 2022-12-16.
§ 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 to such official or magistrate by the secretary of state or other official having charge of foreign affairs, or a United States consul, in said foreign country, may be received in evidence, but in all such cases proof of present existence and of dependency may be made by the personal appearance of each and all persons claiming relationship to or dependence upon a deceased worker under the provisions of sections sixteen and seventeen of this chapter, before a diplomatic or consular officer of the United States, and statements made to or evidence presented before such diplomatic or consular officer under oath may be received in evidence in whole or in part by the board upon any such claim. Questions regarding admissibility and adequacy of evidence arising in connection with proceedings before the consul shall be determined by the board. The board may by rule prescribe the conditions under which proofs other than personal appearance before a diplomatic or consular officer of the United States may be accepted as proof of the facts of existence, relationship and dependency.
N.Y. Workers' Comp. Law § 122
NYS Open Legislation, revision of 2014-09-22.
§ 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 effect as if such stenographer were present and testifying to the facts so certified. A copy of such transcript shall be furnished to any party upon payment of the fee for transcripts of similar minutes in the supreme court.
N.Y. Workers' Comp. Law § 123
NYS Open Legislation, revision of 2014-09-22.
§ 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 opinion may be just, except that, where the employer has secured the payment of compensation in accordance with the provisions of section fifty of this chapter, no claim for compensation or for death benefits that has been disallowed after a trial on the merits, or that has been otherwise disposed of without an award after the parties in interest have been given due notice of hearing or hearings and opportunity to be heard and for which no determination was made on the merits, shall be reopened after a lapse of seven years from the date of the accident or death. Nor shall any award of compensation or death benefits be made against the special fund provided in section twenty-five-a of this chapter or against an employer or an insurance carrier where application therefor is made after a lapse of eighteen years from the date of the injury or death and also a lapse of eight years from the date of the last payment of compensation.
N.Y. Workers' Comp. Law § 124
NYS Open Legislation, revision of 2014-09-22.
§ 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 have distributed such blank forms, including forms of notice and claims and forms for processing injury, death, medical or other attendance or treatment, employment or wage earnings as are necessary.
Insurance carriers shall constantly keep on hand, at their own expense, a sufficient supply of such forms or, in the event of electronic transfer, be responsible for all charges associated with transmission of such information.
Nothing stated above shall preclude the chair from requiring the submission or dissemination of notices or reports in an electronic or typed form, with the exact format to be prescribed by the chair.
N.Y. Workers' Comp. Law § 125
NYS Open Legislation, revision of 2014-09-22.
§ 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 this chapter, or to discriminate against a job applicant with regard to employment on the basis of that claimant having filed for or received benefits under this chapter, or because the claimant is an injured veteran. An individual aggrieved under this subdivision may initiate proceedings in a court of competent jurisdiction seeking damages, including reasonable attorney fees, for violation of this subdivision.
N.Y. Workers' Comp. Law § 125-A
NYS Open Legislation, revision of 2014-09-22.
§ 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 veteran because of the veteran's injury or status as a veteran, or (b) encourages or causes an employer or other entity to unlawfully discriminate against an injured veteran in hiring or discharging decisions because of the veteran's injury or status as a veteran.
For the purpose of this section (a) "injured veteran" shall mean an individual who suffered an injury as a result of his or her service in the armed forces; and (b) "insurance carrier" shall be defined as in subdivision twelve of section two of this chapter.
Discriminating against an injured veteran is a class A misdemeanor.
Any person convicted under this section shall be subject to the debarment provisions of section one hundred forty-one-b of this chapter.
N.Y. Workers' Comp. Law § 127
NYS Open Legislation, revision of 2014-09-22.
§ 127. Construction. This chapter shall be read and construed in connection with the labor law.
N.Y. Workers' Comp. Law § 128
NYS Open Legislation, revision of 2014-09-22.
§ 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 or invalid.
N.Y. Workers' Comp. Law § 129
NYS Open Legislation, revision of 2014-09-22.
§ 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.
N.Y. Workers' Comp. Law § 130
NYS Open Legislation, revision of 2014-09-22.
§ 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 authorized to transact the business of insurance in this state, and all judgments recovered by the state insurance fund or any such insurance corporation or association against any employer on actions brought under any such policy, shall be deemed preferred claims in all insolvency or bankruptcy proceedings, trustee proceedings for administration of estates and receiverships involving the employer liable therefor or the property of such employer, provided however that claims for wages shall receive prior preference in all such proceedings.
N.Y. Workers' Comp. Law § 131
NYS Open Legislation, revision of 2014-09-22.
§ 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 period of four years after each entry therein, which records shall be open to inspection at any time, and as often as may be necessary to verify the same by investigators of the board, by the authorized auditors, accountants or inspectors of the carrier with whom the employer is insured, or by the authorized auditors, accountants or inspectors of any workers' compensation insurance rating board or bureau operating under the authority of the insurance law and of which board or bureau such carrier is a member or the group trust of which the employer is a member. Any and all records required by law to be kept by such employer upon which the employer makes or files a return concerning wages paid to employees shall form part of the records described in this section and shall be open to inspection in the same manner as provided in this section. Any employer who shall fail to keep such records, who shall willfully fail to furnish such record as required in this section or who shall falsify any such records, shall be guilty of a misdemeanor and subject to a fine of not less than five nor more than ten thousand dollars in addition to any other penalties otherwise provided by law, except that any such employer that has previously been subject to criminal penalties under this section within the prior ten years shall be guilty of a class E felony, and subject to a fine of not less than ten nor more than twenty-five thousand dollars in addition to any penalties otherwise provided by law.
(2) Employers subject to subsection (e) of section two thousand three hundred four of the insurance law and subdivision two of section eighty-nine of this chapter shall keep a true and accurate record of hours worked for all construction classification employees. The willful failure to keep such record, or the knowing falsification of any such record, may be prosecuted as insurance fraud in accordance with the provisions of section 176.05 of the penal law.
(3) The chair, upon finding that an employer has failed to keep true and accurate records as required by this section, may impose upon such employer, in addition to all other penalties, fines or assessments provided for in this chapter, one thousand dollars for each ten day period of non-compliance or a sum not in excess of two times the cost of compensation for its payroll for the period of such violation, which sum shall be paid into the uninsured employers' fund created under section twenty-six-a of this chapter. When an employer fails to provide business records sufficient to enable the chair to determine the employer's payroll for the period requested for the calculation of the penalty provided in this section, the imputed weekly payroll for each employee, corporate officer, sole proprietor, or partner shall be the New York state average weekly wage, multiplied by 1.5. Where the employer is a corporation, the corporation and any of the following shall be liable for the penalty provided in this subdivision: the president, secretary and treasurer. If the employer shall within thirty days after notice of the imposition of a penalty by the chair pursuant to this subdivision make an application in affidavit form for a redetermination review of such penalty, the chair shall make a decision in writing on the issues raised on such application.
N.Y. Workers' Comp. Law § 132
NYS Open Legislation, revision of 2014-09-22.
§ 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, applicable to or arising out of any provision of this chapter or any rule, regulation or order made thereunder.
Every check or draft issued directly to a benefit recipient or provider of health services in payment of a claim made pursuant to this chapter shall contain a printed statement on the reverse side immediately above the signature line for the first endorsement indicating that in endorsing the check or draft for payment the benefit recipient or provider of health services is certifying that such person is entitled to such payment and that circumstances which would affect entitlement to receive the payment have not changed. The statement shall be in a form prescribed by the workers' compensation board after consultation with the superintendent of financial services.
The check or draft described in subdivision two of this section shall be claim forms within the meaning of section 176.00 of the penal law and subsection (d) of section four hundred three of the insurance law.
N.Y. Workers' Comp. Law § 133
NYS Open Legislation, revision of 2014-09-22.
§ 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 by a court of competent jurisdiction that such award, assessment or penalty, or any portion thereof was erroneously, illegally, or improperly made, the employer or his insurance carrier who made any such payment may be reimbursed, or allowed a credit, from any moneys in the state treasury not otherwise appropriated or from the special fund to which the payment had been made, for such amount, without costs or interest, as may be determined by the chairman, the board or by a court of competent jurisdiction; provided, however, that a request for such reimbursement is filed with the chairman within three months after such determination, on the audit and warrant of the comptroller on certification of the chairman.
N.Y. Workers' Comp. Law § 134
NYS Open Legislation, revision of 2015-04-24.
§ 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 loss prevention program for all employers whose most recent annual payroll is in excess of eight hundred thousand dollars and whose most recent experience rating exceeds the level of 1.2. The commissioner of labor shall promulgate rules and regulations for the implementation of safety, drug and alcohol prevention, and return to work incentive programs.
The commissioner of labor shall provide written notification to employers whose most recent annual payroll is in excess of eight hundred thousand dollars and whose most recent experience rating exceeds the level of 1.2 that they are required to undergo a workplace safety and loss prevention consultation and written evaluation. Copies of the written notification shall be provided to the department of labor and the employer's insurer. The employer must arrange for the consultation and evaluation within thirty days after receiving the notification and must within ten days thereafter notify its insurer and the department of labor in writing of the means by which the evaluation is to be accomplished. The employer must provide its insurer and the department of labor with a copy of the evaluation within thirty days after receiving it from the safety and loss consultant. Any remedial action recommended in the evaluation must be implemented by the employer within a reasonable period of time, but not to exceed six months after the employer receives the evaluation. The insurer, within sixty days after the expiration of such six month period, shall conduct an inspection to ascertain whether the recommended remedial action has been implemented, and the insurer shall within forty-five days thereafter provide to the employer and the department of labor a copy of its inspection report.
If the employer does not arrange for a consultation and evaluation or fails to implement recommended remedial action within the times prescribed, the insurer shall surcharge the employer's manual rate premium by .05 for the next ensuing policy period, and so long as non-compliance continues there shall be an additional .05 surcharge for each year thereafter of non-compliance. An employer may challenge an insurer's determination that the employer has not taken the recommended remedial action by appeal to the department of labor on notice to the insurer. The department of labor shall thereafter conduct an independent inspection and its determination of compliance or non-compliance shall be final. However, such appeal may not be entertained if the employer has not paid its billed premium including any surcharge thereof.
Employers required to participate in the workplace safety and loss prevention program established by this section shall be permitted to utilize the services of either the department of labor, or a private safety and loss consultant which has been certified by the department of labor. Private safety and loss consultants may charge employers a fee for their services.
Safety, drug and alcohol prevention, and return to work incentive programs. Employers insured through the state insurance fund (except those who are current policyholders in a recognized safety group) or any other insurer that issues policies of workers' compensation insurance, shall be eligible for a credit in workers' compensation insurance premiums if they:
a. pay annual workers' compensation insurance premiums of at least five thousand dollars; and
b. maintain an experience rating of under 1.30 for the year preceding and the years in which the credit has been applied for provided that no insured required to implement a safety program pursuant to subdivision one of this section shall be eligible for a premium credit under this subdivision; and
c. implement any of the following:
(1) a safety incentive plan, that has been recommended by a safety and loss management specialist after such specialist has been certified by the commissioner of labor, or if such plan otherwise conforms to regulations promulgated by the commissioner of labor;
(2) a drug and alcohol prevention program that conforms to regulations issued by the commissioner of labor, in consultation with the office of alcoholism and substance abuse services; and
(3) a return to work program that conforms to regulations issued by the commissioner of labor.
The credit for each such program shall be established by regulations issued by the superintendent of financial services. Such regulations shall include provisions for recertification on an annual basis.
b. a drug and alcohol prevention program that conforms to regulations issued by the commissioner of labor, in consultation with the office of alcoholism and substance abuse services; and
c. a return to work program that conforms to regulations issued by the commissioner of labor.
The credit for each program shall be no greater than established by regulations issued by the superintendent of financial services or such lesser amount as determined by the chair of the board to be necessary to assure that the deposit remains sufficient to secure the employer's liability to pay the compensation provided in this chapter. The chair, in consultation with the superintendent of financial services, shall adopt regulations which provide for recertification on an annual basis.
The commissioner of labor shall: (i) receive and review applications from applicants for certification as safety and loss management specialists; and (ii) certify persons as safety and loss management specialists; and (iii) revoke certification of safety and loss management specialists for just cause.
The commissioner of labor shall monitor all safety incentive plans implemented by employers. As part of this responsibility, the board shall insure that employee representatives are involved in the development of such plans through meetings and discussions with the respective certified safety and loss management specialist.
The commissioner of labor, in consultation with the superintendent of financial services, shall promulgate rules and regulations for the certification of safety and loss management specialists. Such rules and regulations shall include provisions that outline the minimum qualifications for safety and loss management specialists, procedures for certification, causes for revocation or suspension of certification and appropriate administrative and judicial review procedures, and violations and penalties for misuse of certification by certified safety and loss management specialists.
N.Y. Workers' Comp. Law § 135
NYS Open Legislation, revision of 2014-09-22.
§ 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 statutory safety incentive or sanction authorized under this chapter for amounts invested by such employer in the creation of a safer work environment which meets the requirements of this section. The credit may be applied for a renewable period not to exceed three years. For any one year, the credit shall equal, if actuarially appropriate, an amount up to five percent of the total amount invested as calculated under the provisions of this section but shall not exceed fifteen percent of such employer's annual earned premium for that year in accordance with workers' compensation rating board manual rates. An employer applying for such credit must provide evidence required by rules or regulations promulgated by the superintendent of financial services that the investment would result in a safer work environment, with such evidence to include a written opinion by a certified safety professional, a certified industrial hygienist or a licensed professional engineer describing the items included in the investment and an analysis of how they will substantially enhance the safety of the work environment.
In addition to the superintendent of financial services, the committee shall consist of:
(a) a representative from the department of labor;
(b) a representative from the department of economic development;
(c) a representative from the state insurance fund;
(d) an individual with an actuarial background and experience in the field of workers' compensation;
(e) an individual with a background in safety engineering appointed by the governor upon recommendation by the New York State American Federation of Labor-Congress of Industrial Organizations;
(f) an individual with a background in safety engineering appointed by the governor upon recommendation of the Business Council of the State of New York;
(g) an individual with a background in safety engineering appointed by the governor upon recommendation of the insurance industry; and
(h) an additional member of the committee with respect to any given application for a premium credit shall be the current insurer of the applicant.
All departments, divisions, boards, offices, and public corporations of the state, and the workers' compensation rating board, shall provide such data, information or other assistance as the committee may require to fulfill its purposes.
The committee shall serve at the pleasure of the governor and shall receive no compensation except for reasonable and necessary expenses incurred in the course of performing the official duties of the committee. Such expenses shall be paid from application fees paid in accordance with rules and regulations promulgated by the superintendent of financial services.
(a) principally used by the premium payer in the production of goods by manufacturing, processing, assembling, refining, mining, extracting, farming, agriculture, horticulture, floriculture, viticulture or commercial fishing,
(b) industrial waste treatment facilities or air pollution control facilities, used in the premium payer's trade or business, or
(c) research and development property.
For purposes of this section, the term "goods" shall not include electricity.
(a) Manufacturing shall mean the process of working raw materials into wares suitable for use or which gives new shapes, new quality or new combinations to matter which already has gone through some artificial process by the use of machinery, tools, appliances and other similar equipment. Property used in the sale of goods at retail or the production of goods shall include machinery, equipment or other tangible property which is principally used in the repair and service of other machinery, equipment or other tangible property used principally in the production of goods and shall include all facilities used in the production operation, including storage of material to be used in production and of the products that are produced.
(b) Research and development property shall mean property which is used for purposes of research and development in the experimental or laboratory sense. Such purposes shall not be deemed to include the ordinary testing or inspection of materials or products for quality control, efficiency surveys, management studies, consumer surveys, advertising, promotions, or research in connection with literary, historical or similar projects.
(c) Industrial waste treatment facilities shall mean property constituting facilities for the treatment, neutralization or stabilization of industrial waste and other wastes (as the terms "industrial waste" and "other wastes" are defined in section 17-0105 of the environmental conservation law) from a point immediately preceding the point of such treatment, neutralization or stabilization to the point of disposal, including the necessary pumping and transmitting facilities, but excluding such facilities installed for the primary purpose of salvaging materials which are usable in the manufacturing process or are marketable.
(d) Air pollution control facilities shall mean property constituting facilities which remove, reduce, or render less noxious air contaminants emitted from an air contamination source (as the terms "air contaminant" and "air contamination source" are defined in section 19-0107 of the environmental conservation law) from a point immediately preceding the point of such removal, reduction or rendering to the point of discharge of air meeting emission standards as established by the department of environmental conservation, but excluding such facilities installed for the primary purpose of salvaging materials which are usable in the manufacturing process or are marketable and excluding those facilities which rely for the efficacy on dilution, dispersion or assimilation of air contaminants in the ambient air after emission. Such term shall further include flue gas desulfurization equipment and attendant sludge disposal facilities, fluidized bed boilers, precombustion coal cleaning facilities or other facilities that conform with this section and which comply with the provisions of the state acid deposition control act set forth in title nine of article nineteen of the environmental conservation law.
A premium credit under this section shall be allowed with respect to industrial waste treatment facilities and air pollution control facilities only on condition that such facilities have been certified by the state commissioner of environmental conservation or his or her designated representative, pursuant to subdivision one of section 17-0707 or subdivision one of section 19-0309 of the environmental conservation law, as complying with applicable provisions of the environmental conservation law, the public health law and the state sanitary code and codes, rules, regulations, permits or orders issued pursuant thereto.
Tangible personal property and other tangible property, including buildings and structural components of buildings, which an employer leases to any other person or corporation are not to be considered as investments for safety in premium credit calculations. For purposes of the preceding sentence, any contract or agreement to lease or rent or for a license to use such property shall be considered a lease. Provided, however, in determining whether an employer shall be allowed a credit under this section with respect to such property, any election made with respect to such property pursuant to the provisions of paragraph eight of subsection (f) of section one hundred sixty-eight of the internal revenue code, as such paragraph was in effect for agreements entered into prior to January first, nineteen hundred eighty-four, shall be disregarded.
Subject to the limitations provided in subdivision one of this section, the amount of a premium credit shall be a percent of the investment credit base. The investment credit base is the cost or other basis for federal income tax purposes of tangible personal property and other tangible property, including buildings and structural components of buildings, as described in subdivision three of this section. The amount of the percent to be applied against such investment credit base shall be based upon the useful life of such tangible personal property and other tangible property, and the extent to which the investment would result in a safer work environment and upon such other actuarially appropriate evidence offered by the applicant that the investment would result in a safer work environment. The superintendent of financial services shall promulgate rules and regulations determining how the percentage to be applied against the investment credit base shall be calculated.
The superintendent of financial services shall promulgate rules and regulations for the purpose of determining how to calculate the period during which an applicant may receive a premium credit.
In the event an employer which applied for and received a premium credit pursuant to this section moves or relocates its business outside of this state during the period in which it receives the benefits of such credit, such employer shall be responsible for repaying to the insurer the entire amount of such credit already received.
An employer who is obligated to but does not comply with the requirements of section one hundred thirty-four of this article is not eligible to apply for premium credits under this section.
An employer shall be eligible for a credit against premiums for workers' compensation insurance coverage in an amount up to five percent of such premiums for such other safety measures that may be implemented by an employer and which meet the standard for such premium credit as established by the superintendent. Such safety measures shall not include those measures provided for in this section of this article, or apply to such industries provided for in this section.
N.Y. Workers' Comp. Law § 136
NYS Open Legislation, revision of 2014-09-22.
§ 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 general" means a workers' compensation fraud assistant inspector general created by this section.
Appointment, compensation and removal. Notwithstanding any other provision of law, the governor shall appoint the inspector general. The board shall employ and the governor shall fix the compensation of the inspector general. The inspector general shall, and may do so without civil service examination, appoint and the board shall employ, such assistant inspectors general and other persons as he or she deems necessary, determine their duties and fix their compensation. Such assistant inspectors general shall assist the inspector general in carrying out the inspector general's duties and responsibilities as set forth in this section and shall have such powers as granted the inspector general under this section. Employees appointed pursuant to this section without civil service examination shall be placed in the noncompetitive class of the competitive service pursuant to subdivision two-a of section forty-two of the civil service law and shall serve at the pleasure of the governor. The payment of salaries and compensation of employees appointed pursuant to this section shall be made pursuant to section one hundred forty-eight of this chapter.
Powers, duties and responsibilities. The inspector general shall investigate violations of the laws and regulations pertaining to the operation of the workers' compensation system. The inspector general shall have the following powers, duties and functions:
(a) to conduct and supervise investigations, within or without this state, of possible fraud and other violations of laws, rules and regulations pertaining to the workers' compensation system;
(b) to subpoena witnesses, administer oaths or affirmations, take testimony and compel the production of such books, papers, records and documents as the inspector general may deem to be relevant to an investigation undertaken pursuant to this section;
(c) to report to the attorney general, the insurance frauds bureau, or other appropriate law enforcement agency, violations found through investigations undertaken pursuant to this section and to provide such materials and assistance as may be necessary or appropriate for the successful investigation and prosecution of violations of this chapter;
(d) to submit a written report, on an annual basis, to the governor and to the chair of the board, listing all activities undertaken to the extent such activities can be disclosed pursuant to subdivision five of this section; and
(e) to recommend legislative and regulatory changes to the governor and to the chair of the board.
(i) to have full and unrestricted access to all records, reports, audits, reviews, documents, papers, recommendations or other material maintained by the board or any other state agency relating to the workers' compensation system, with respect to which the inspector general has responsibilities under this section; and
(ii) to request such information, assistance and cooperation from any federal, state or local government, department, board, bureau, commission, or other agency or unit thereof as may be necessary for carrying out the duties and responsibilities enjoined upon the inspector general by this section. State and local agencies or units thereof are hereby authorized and directed to provide such information, assistance and cooperation.
(b) No person shall prevent, seek to prevent, interfere with, obstruct or otherwise hinder any investigation being conducted pursuant to this section.
(a) a part of an ongoing investigation or prosecution; or
(b) specifically prohibited from disclosure by any other provision of law.
The disclosure of information in order to coordinate investigations with the insurance frauds bureau of the department of financial services, including the unit for workers' compensation insurance frauds investigations within such insurance frauds bureau, and any frauds investigations unit of the state insurance fund, to provide the report required by paragraph (c) of subdivision three of this section or to apprise the chair of ongoing investigations shall not be considered public disclosure for purposes of this section.
N.Y. Workers' Comp. Law § 137
NYS Open Legislation, revision of 2017-04-21.
§ 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 practitioner, the claimant's representative and the claimant.
(b) If a practitioner who has performed or will be performing an independent medical examination of a claimant receives a request for information regarding the claimant, including faxed or electronically transmitted requests, the practitioner shall submit a copy of the request for information to the board within ten days of receipt of the request. Nothing in this subdivision shall be construed to abrogate the attorney-client privilege.
(c) Copies of all responses to such requests for information as are described in paragraph (b) of this subdivision, including all materials which are provided in response to such a request, shall be submitted by the responding practitioner to the board within ten days of submission of the response to the requestor. Nothing in this subdivision shall be construed to abrogate the attorney-client privilege.
In any open case where an award has been directed by the board for temporary or permanent disability at an established rate of compensation and there is a direction by the board for continuation of payments, or any closed case where an award for compensation has been made for permanent total or permanent partial disability, a report of an independent medical examination shall not be the basis for suspending or reducing payments unless and until the rules and regulations of the board regarding suspending or reducing payments have been met and there is a determination by the board finding that such suspension or reduction is justified.
(a) Only a New York state licensed and board certified physician, surgeon, podiatrist or any other person authorized to examine or evaluate injury or illness by the board shall perform such independent medical examination. Where a claimant resides out of state a practitioner qualified to examine or evaluate injury or illness by the board shall perform such independent medical examination.
(b) Any practitioner performing the independent medical examinations shall be paid according to the fee schedule established pursuant to section thirteen of this chapter.
All independent medical examinations shall be performed in medical facilities suitable for such exam, with due regard and respect for the privacy and dignity of the injured worker as well as the access and safety of the claimant. Such facilities must be provided in a convenient and accessible location within a reasonable distance from the claimant's residence.
All independent medical examinations shall be performed by a practitioner competent to evaluate or examine the injury or disease from which the injured worker suffers. Such examination shall be performed by a practitioner who is licensed and board certified in the state of New York or any other person authorized to examine or evaluate injury or illness by the board.
No practitioner examining or evaluating a claimant under this chapter nor any supervising authority or proprietor nor insurance carrier or employer may cause, direct or encourage a report to be submitted as evidence in workers' compensation claim adjudication which differs substantially from the professional opinion of the examining practitioner. Such an action shall be considered within the jurisdiction of the workers' compensation fraud inspector general and may be referred as a fraudulent practice.
The claimant shall receive notice by mail of the scheduled independent medical examination at least seven business days prior to such examination. Such notice shall advise the claimant if the practitioner intends to record or video tape the examination, and shall advise the claimant of their right to video tape or otherwise record the examination. Claimants shall be advised of their right to be accompanied during the exam by an individual or individuals of their choosing.
Independent medical examinations shall be performed during regular business hours except with the consent and for the convenience of the claimant. Claimants subject to such examination shall be notified at the time of the exam in writing of the available travel reimbursement under law.
A practitioner is not eligible to perform an independent medical examination of a claimant if the practitioner has treated or examined the claimant for the condition for which the independent medical examination is being requested or if another member of a preferred provider organization or managed care provider to which the practitioner belongs has treated or examined the claimant for the condition for which the independent medical examination is being requested.
The ability of a claimant to appear for an exam or hearing shall not be dispositive in the determination of disability, extent of disability or eligibility for benefits.
At the time of the independent medical examination the claimant shall receive a notice from the entity performing the independent medical examination, on a form which shall be approved and promulgated by the chair, stating the rights and obligations of the claimant and the practitioner with respect to such exam, and such notice shall include but not be limited to a statement that the claimant's receipt of benefits could be denied, terminated, or reduced as a result of a determination which may be based upon the medical evaluation made after such independent medical examination, and the claimant's rights to challenge or appeal such a determination.
The chair shall conduct a thorough study of the utilization of independent medical examinations under this chapter, to occur within calendar year two thousand eighteen, and shall convene and present a preliminary report based on the study to an advisory committee set to commence on or about January first, two thousand nineteen. The advisory committee is to consist of representatives of organized labor, business, carriers, self-insured employers, medical providers, and other stakeholders and experts as the chair may deem fit to include. The advisory committee shall meet quarterly, or more frequently if directed by the chair. By December thirty-first, two thousand nineteen, the committee shall present detailed recommendations to the governor, speaker of the assembly, and majority leader of the senate, regarding administrative improvements, and regulatory and statutory proposals, that will ensure fairness, and highest medical quality, while improving methods of combatting fraud. The committee shall review and analyze leading studies, both in New York state and nationally. The compensation insurance rating board shall provide data, and cooperate with the chair and committee in identifying potential abuse and fraud. The report shall consider, among other items, the feasibility of new methods of assigning independent medical examinations, such as through rotating providers or panels, statewide networks, or other arrangements.