N.Y.
Workers' Compensation Law Section 220
Penalties
1.
Any employer who fails to make provision for payment of disability or family leave benefits as required by § 211 (Provision for payment of benefits)section two hundred eleven of this article within ten days following the date on which such employer becomes a covered employer as defined in § 202 (Covered employer)section two hundred two of this article shall be guilty of a misdemeanor and upon conviction be punishable by a fine of not less than one hundred nor more than five hundred dollars or imprisonment for not more than one year or both, except that where any person has previously been convicted of a failure to make provisions for payment of disability or family leave benefits within the preceding five years, upon conviction for a second violation such person shall be fined not less than two hundred fifty nor more than one thousand two hundred fifty dollars in addition to any other penalties including fines otherwise provided by law, and upon conviction for a third or subsequent violation such person may be fined up to two thousand five hundred dollars in addition to any other penalties including fines otherwise provided by law. Where the employer is a corporation, the president, secretary, treasurer, or officers exercising corresponding functions, shall each be liable under this section.2.
The chair or any officer of the board designated by him or her, upon finding that an employer has failed to make provision for the payment of disability or family leave benefits, shall impose upon such employer a penalty not in excess of a sum equal to one-half of one per centum of his or her weekly payroll for the period of such failure and a further sum not in excess of five hundred dollars, which sums shall be paid into the fund created under § 214 (Special fund for disability benefits)section two hundred fourteen of this article.3.
If for the purpose of obtaining any benefit or payment under the provisions of this article, or for the purpose of influencing any determination regarding any benefit payment, either for himself or herself or any other person, any person, employee, employer or carrier wilfully makes a false statement or representation or fails to disclose a material fact, he or she shall be guilty of a misdemeanor.4.
Whenever a carrier shall fail to make prompt payment of disability or family leave benefits payable under this article and after hearing before an officer designated by the chair or a determination by the chair’s designee, pursuant to § 221 (Determination of contested claims for disability and family leave benefits)section two hundred twenty-one of this article, for that purpose, the chair or designee shall determine that failure to make such prompt payment was without just cause, the chair or designee, pursuant to § 221 (Determination of contested claims for disability and family leave benefits)section two hundred twenty-one of this article, shall collect from the carrier a sum not in excess of twenty-five per centum of the amount of the benefits as to which the carrier failed to make payment, which sum shall be credited to the special fund for disability benefits. In addition, the chair or designee, pursuant to § 221 (Determination of contested claims for disability and family leave benefits)section two hundred twenty-one of this article, may collect and pay over to the employee the sum of ten dollars in respect to each week, or fraction thereof, for which benefits have not been promptly paid.5.
In addition to other penalties herein provided, the chair or designee shall remove from the list of physicians authorized to render medical care under the provisions of articles one to eight, inclusive, of this chapter and from the list of podiatrists authorized to render podiatric care under § 13-K (Care and treatment of injured employees by duly licensed podiatrists)section thirteen-k of this chapter, and from the list of chiropractors authorized to render chiropractic care under § 13-L (Care and treatment of injured employees by duly licensed chiropractors)section thirteen-l of this chapter the name of any physician or podiatrist or chiropractor whom the chair or designee, pursuant to § 221 (Determination of contested claims for disability and family leave benefits)section two hundred twenty-one of this article, shall find, after reasonable investigation, has submitted to the employer or carrier or chair in connection with any claim for disability benefits under this article, a statement of disability that is not truthful and complete.6.
In addition to other penalties herein provided, any person who for the purpose of obtaining any benefit or payment under this article or for the purpose of influencing any determination regarding any benefit payment, knowingly makes a false statement with regard to a material fact, shall not be entitled to receive benefits with respect to the disability claimed or any disability benefits during the period of twelve calendar months thereafter; but this penalty shall not be applied more than once with respect to each such offense.7.
All fines imposed under subdivisions one and three of this section, except as herein otherwise provided, shall be paid directly and immediately by the officer collecting the same to the chair, and be paid into the state treasury, provided, however, that all such fines collected by justices of the peace of towns and police justices of villages shall be paid to the state comptroller in accordance with the provisions of Town Law § 27 (Compensation of town officers and employees)section twenty-seven of the town law.8.
(a) The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits and after January first, two thousand twenty-one, the payment of family leave benefits for all employees has been secured as provided by this article. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any disability benefits to any such employee if so employed.(b)
The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding any general or special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits and after January first, two thousand eighteen, the payment of family leave benefits for all employees has been secured as provided by this article.
Source:
Section 220 — Penalties, https://www.nysenate.gov/legislation/laws/WKC/220 (updated Apr. 8, 2016; accessed Oct. 26, 2024).
