N.Y.
Workers' Compensation Law Section 14-A
Double compensation and death benefits when minors illegally employed
1.
Compensation, death benefits, and awards to the commissioner of taxation and finance in accordance with subdivision nine of section fifteen and section twenty-five-a, as provided in this article, shall be double the amount otherwise payable if the injured employee at the time of the accident is a minor employed, permitted or suffered to work in violation of any provision of the labor law or in violation of any rule heretofore or hereafter adopted by the board of standards and appeals pursuant to subdivision four of section one hundred thirty-three of said law. An employer who knowingly permits or suffers a newspaper carrier to work in violation of Education Law § 3228 (Newspaper carrier)section thirty-two hundred twenty-eight of the education law, shall be liable for the increased awards provided by this section.2.
The employer alone and not the insurance carrier shall be liable for the increased compensation, increased death benefits, or awards to the commissioner of taxation and finance provided for by this section. Any provision in an insurance policy undertaking to relieve an employer from such increased liability shall be void.3.
A person over eighteen years of age may apply for a certificate of age to the superintendent of schools or to an employment certificating officer. Upon such application a certificate of age, signed by the officer issuing it and containing the name, date of birth, address and signature of the applicant shall be issued to him if he furnishes evidence that he is over eighteen years of age such as is required for the issuance of an employment certificate. Such a certificate of age shall be conclusive evidence for an employer that the person has reached the age certified to therein, and the provisions of this section shall not apply to the employer of such person while the person is engaged in employment lawful for the age and sex as certified to in the certificate of age.4.
With respect to a jockey, apprentice jockey or exercise person licensed under article two or four of the racing, pari-mutuel wagering and breeding law, and at the election of the New York Jockey Injury Compensation Fund, Inc., with the approval of the New York state gaming commission, an employee of a licensed trainer or owner, who, pursuant to § 2 (Definitions)section two of this chapter, is an employee of all owners and trainers licensed or required to be licensed under article two or four of the racing, pari-mutuel wagering and breeding law and The New York Jockey Injury Compensation Fund, Inc., the owner or trainer for whom such jockey, apprentice jockey, exercise person or, if approved by the New York state gaming commission, employee of a licensed trainer or owner was performing services at the time of the accident shall be solely responsible for the double payments described in subdivision one of this section, to the extent that such payments exceed any amounts otherwise payable with respect to such jockey, apprentice jockey, exercise person or, if approved by the New York state gaming commission, employee of a licensed trainer or owner under any other section of this chapter, and the New York Jockey Injury Compensation Fund, Inc. shall have no responsibility for such excess payments, unless there shall be a failure of the responsible owner or trainer to pay such award within the time provided under this chapter. In the event of such failure to pay and the board requires the fund to pay the award on behalf of such owner or trainer who has been found to have violated this section, the fund shall be entitled to an award against such owner or trainer for the amount so paid which shall be collected in the same manner as an award of compensation.5.
With respect to a black car operator who, pursuant to § 2 (Definitions)section two of this chapter, is an employee of the New York black car operators’ injury compensation fund, inc., the central dispatch facility for which the black car operator was performing services at the time of the accident shall be solely responsible for the double payments described in subdivision one of this section, to the extent that such payments exceed any amounts otherwise payable with respect to such black car operator under any other section of this chapter, and the New York black car operators’ injury compensation fund, inc. shall have no responsibility for such excess payments, unless there shall be a failure of the responsible central dispatch facility to pay such award within the time provided under this chapter. In the event of such failure to pay, the board may require the fund to pay the award on behalf of the central dispatch facility that is found to have violated this section. In such a case, the fund shall be entitled to an award against the central dispatch facility for the excess amount paid by the fund, which shall be collected in the same manner as an award of compensation.
Source:
Section 14-A — Double compensation and death benefits when minors illegally employed, https://www.nysenate.gov/legislation/laws/WKC/14-A (updated Apr. 14, 2017; accessed Oct. 26, 2024).
