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New York Workers' Compensation - Article 9 - § 220 Penalties

Legal Research Home > New York Laws > New York Workers' Compensation (WKC) > New York Workers' Compensation - Article 9 - § 220 Penalties

Workers' Compensation 
 
    §  220.  Penalties.  1.  Any  employer who fails to make provision for
  payment of disability benefits as required by section two hundred eleven
  of this article within  ten  days  following  the  date  on  which  such
  employer  becomes  a  covered employer as defined in section two hundred
  two 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 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  chairman, or any officer of the board designated by him, upon
  finding that an employer has failed to make provision for the payment of
  disability benefits, shall impose upon such employer a  penalty  not  in
  excess  of  a  sum  equal  to  one-half  of one per centum of his 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 section two hundred fourteen.
    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  any
  other person, any person, employee, employer or carrier wilfully makes a
  false  statement or representation or fails to disclose a material fact,
  he shall be guilty of a misdemeanor.
    4. Whenever a carrier shall fail to make prompt payment of  disability
  benefits  payable under this article and after hearing before an officer
  designated  by  the  chairman  for  that  purpose,  the  chairman  shall
  determine  that  failure  to  make  such prompt payment was without just
  cause, the chairman 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 chairman 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 chairman  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 section thirteen-k of this chapter,  and  from  the  list  of
  chiropractors  authorized  to  render  chiropractic  care  under section
  thirteen-l of this chapter the name of any physician  or  podiatrist  or
  chiropractor  whom  he  shall  find, after reasonable investigation, has
  submitted to the employer or carrier or chairman 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, 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 section
  twenty-seven of the town law and section one hundred eighty-five of  the
  village law, respectively.
    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  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 for all employees has been secured as
  provided by this article.

Last modified: March 9, 2013