N.Y. Workers' Compensation Law Section 96
Penalties for fraudulent practices

1.

Any person who knowingly makes a false statement or representation, conceals any material fact, or engages in any other fraudulent scheme or device for the purpose of obtaining, maintaining or renewing insurance in the state insurance fund at less than the proper rate for such insurance, whether for himself or herself or any other person or entity, or for the purpose of evading the requirements of § 50 (Security for payment of compensation)section fifty of this chapter or for the purpose of obtaining any benefit or payment out of such fund, whether for himself or herself or any other person or entity, shall be guilty of a class E felony. If a violation of this subdivision is alleged and such act could also constitute a violation of the penal law or any other law, the prosecuting official may charge such person pursuant to the provisions of this section and charge such person in accordance with such other law or laws. In addition to any other remedy, the state insurance fund shall be entitled to restitution for any amount obtained or withheld as a result of a violation of this subdivision.

2.

For violations of subdivision one of this section, the state insurance fund shall have a right of action to recover civil damages equal to three times the amount wrongfully obtained, or five thousand dollars, whichever is greater. The remedy provided in this section shall be in addition to any other remedy provided by law.

Source: Section 96 — Penalties for fraudulent practices, https://www.­nysenate.­gov/legislation/laws/WKC/96 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

76
Creation of state fund 77
Administration 78
Salaries and expenses 79
Meetings 80
Seal 81
Offices, lands, leaseholds and buildings 82
Powers and duties 83
Rules 84
General attorney 85
Commissioner of taxation and finance custodian of fund 86
Catastrophe surplus and reserves for workers’ compensation 86‑A
Catastrophe surplus and reserves for disability benefits 87
Investment of surplus or reserve 87‑A
Investment in obligations of the municipal assistance corporation for the city of New York 87‑B
Investments in obligations of the city of Yonkers 87‑BB
Investments in obligations of the city of Yonkers 87‑C
Investments in obligations of designated public benefit corporations 87‑D
Contractual obligations as evidence of indebtedness upon reimbursement of reserves 87‑E
Amortization of gains or losses 87‑F
Appropriations to the state insurance fund 87‑G
Advances to the urban development corporation 87‑H
Investments of the state insurance fund 87‑I
New York state insurance fund MWBE asset management and financial institution strategy 88
Administration expenses 88*2
Administration expenses 88‑A
Payments from special or administrative funds 88‑B
Coverage of employees in state-supported educational institutions 88‑C
Coverage of state employees 89
Rates for workers’ compensation 90
Dividends 91
Groups for accident prevention 92
Payment of premiums 93
Collection of premium in case of default 94
Withdrawal from fund 95
Record and audit of payrolls 96
Penalties for fraudulent practices 97
Inspections 98
Disclosures prohibited 99
Reports of state insurance fund 100
Insurance against liability to volunteer firefighters and ambulance workers
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 96’s source at nysenate​.gov

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