New York Workers' Compensation Law Article 2 - COMPENSATION

• 9 - Definitions.
  For the purposes of this article, the following terms shall mean: 1. "World Trade Center rescue" shall mean any activity involving an employee of a...
• 10 - Liability for Compensation.
  1. Every employer subject to this chapter shall in accordance with this chapter, except as otherwise provided in section twenty-five-a hereof, secure compensation to his...
• 11 - Alternative Remedy.
  The liability of an employer prescribed by the last preceding section shall be exclusive and in place of any other liability whatsoever, to such employee,...
• 12 - Compensation Not Allowed for First Seven Days.
  No compensation shall be allowed for the first seven days of disability, except the benefits provided for in section thirteen of this chapter, provided, however,...
• 13 - Treatment and Care of Injured Employees.
  (a) The employer shall promptly provide for an injured employee such medical, dental, surgical, optometric or other attendance or treatment, nurse and hospital service, medicine,...
• 13-a - Selection of Authorized Physician by Employee.
  (1) An injured employee may, when care is required, select to treat him or her any physician authorized by the chair to render medical care,...
• 13-Aa - Medical Appeals Unit.
  1. There is hereby created a medical appeals unit. Such medical appeals unit shall consist of three physicians licensed to practice in this state and...
• 13-b - Authorization of Physicians, Medical Bureaus and Laboratories by the Chair.
  1. Upon the recommendation of the medical society of the county in which the physician's office is located or of a board designated by such...
• 13-c - Licensing of Compensation Medical Bureaus and Laboratories.
  1. The chairman may, upon the recommendation of the medical society of the county or of a board as provided in section thirteen-b, authorize and...
• 13-d - Removal of Physicians From Lists of Those Authorized to Render Medical Care or to Conduct Independent Medical Examinations.
  1. The medical society of the county in which the physician's office is located at the time or a board designated by such county society...
• 13-e - Revocation of Licenses of Compensation Medical Bureaus and Laboratories.
  The chairman may revoke the license of any compensation medical bureau or laboratory upon a finding certified to him by the medical society of the...
• 13-f - Payment of Medical Fees.
  (1) Fees for medical services shall be payable only to a physician or other qualified person permitted by sections thirteen-b, thirteen-k, thirteen-l and thirteen-m of...
• 13-g - Payment of Bills for Medical Care.
  (1) Within forty-five days after a bill has been rendered to the employer by the hospital, physician or self-employed physical or occupational therapist who has...
• 13-h - Ombudsman for Injured Workers.
  1. The office of ombudsman for injured workers is created within the workers' compensation board. The ombudsman shall report directly to the chair. The ombudsman...
• 13-i - Solicitation Prohibited.
  Any person who shall make it a business to solicit employment for any person authorized by this chapter to render medical care to an injured...
• 13-j - Medical or Surgical Treatment by Insurance Carriers and Employers.
  (1) An insurance carrier shall not participate in the treatment of injured workers, except as provided in paragraph five of subdivision (i) of section thirteen...
• 13-k - Care and Treatment of Injured Employees by Duly Licensed Podiatrists.
  1. When the term "chairman" is hereinafter used, it shall be deemed to mean the chairman of the workmen's compensation board of the state of...
• 13-l - Care and Treatment of Injured Employees by Duly Licensed Chiropractors.
  1. Where the term "chairman" is hereinafter used, it shall be deemed to mean the chairman of the workmen's compensation board of the state of...
• 13-m - Care and Treatment of Injured Employees by Duly Licensed Psychologists.
  1. Where the term "chairman" is hereinafter used, it shall be deemed to mean the chairman of the workers' compensation board of the state of...
• 13-n - Mandatory Registration of Entities Which Derive Income From Independent Medical Examinations.
  1. Any entity which derives income from independent medical examinations performed in accordance with subdivision four of section thirteen-a, subdivision three of section thirteen-k, subdivision...
• 13-o - Pharmaceutical Fee Schedule.
  The chair shall adopt a pharmaceutical fee schedule which shall establish maximum allowable fees for prescription medicines provided pursuant to this chapter. The schedule shall...
• 13-p - Comprehensive Prescription Drug Formulary.
  The chair shall establish a comprehensive prescription drug formulary on or before December thirty-first, two thousand seventeen. The prescription drug formulary shall include a tiered...
• 14 - Weekly Wages Basis of Compensation.
  Except as otherwise provided in this chapter, the average weekly wages of the injured employee at the time of the injury shall be taken as...
• 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...
• 15 - Schedule in Case of Disability.
  The following schedule of compensation is hereby established: 1. Permanent total disability. In case of total disability adjudged to be permanent sixty-six and two-thirds per...
• 15-a - Assessment on Insolvent Group Self-Insured Trusts.
  The legislature finds that in lieu of the assessments under sections fifteen and one hundred fifty-one of this chapter that shall no longer be imposed...
• 16 - Death Benefits.
  If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amount and to or for...
• 17 - Aliens.
  Compensation under this chapter to aliens not residents or about to become nonresidents of the United States or Canada, shall be the same in amount...
• 18 - Notice of Injury or Death.
  Notice of an injury or death for which compensation is payable under this chapter shall be given to the employer within thirty days after the...
• 18-a - Notice: the New York Jockey Injury Compensation Fund, Inc.
  Wherever in this chapter it shall be required that notice be given to an employer, except for claims involving section fourteen-a of the workers' compensation...
• 18-b - Notice; the New York Black Car Operators' Injury Compensation Fund, Inc.
  Whenever notice is required to be given to an employer pursuant to this chapter, such requirement shall be satisfied, with respect to an accident or...
• 18-c - Independent Livery Bases.
  1. For purposes of this section, "covered services," "livery," "livery driver," "livery registrant," "livery base," "local taxi and limousine commission" and "responsible person" shall have...
• 19 - Physical Examination.
  An injured employee claiming or entitled to compensation shall submit to such physical examination as the chairman or the board may require. The place, or...
• 19-a - Physicians Not to Accept Fees From Carriers.
  No physician or surgeon in the employ of the board for the purpose of making the examinations required by section nineteen of this chapter, shall,...
• 19-b - Treatment by Physicians in Employ of Board.
  No doctor, physician or surgeon in the employ of the board shall solicit or treat any claimant under this chapter, or own or operate any...
• 19-c - Actions Against Health Services Personnel; Defense and Indemnification.
  The provisions of section seventeen of the public officers law shall apply to actions and proceedings, against physicians, nurses and other employees of the board...
• 20 - Determination of Claims for Compensation.
  1. At any time after the expiration of the first seven days of disability on the part of an injured employee, or at any time...
• 21 - Presumptions.
  In any proceeding for the enforcement of a claim for compensation under this chapter, it shall be presumed in the absence of substantial evidence to...
• 21-a - Temporary Payment of Compensation.
  1. Notwithstanding any other provision of this chapter to the contrary, in any instance in which an employer is unsure of the extent of its...
• 22 - Modification of Awards, Decisions or Orders.
  Upon its own motion or upon the application of any party in interest, on the ground of a change in conditions or proof of erroneous...
• 23 - Appeals.
  An award or decision of the board shall be final and conclusive upon all questions within its jurisdiction, as against the state fund or between...
• 24 - Costs and Fees.
  If the court before which any proceedings for compensation or concerning an award of compensation have been brought, under this chapter, determine that such proceedings...
• 24-a - Representation Before the Workers' Compensation Board.
  1. No person, firm or corporation, other than an attorney and counsellor-at-law, shall appear on behalf of any claimant or person entitled to the benefits...
• 25 - Compensation, How Payable.
  1. When no controversy; penalties: failure to notify of cessation of payment; late payment of installment. (a) The compensation herein provided for shall be paid...
• 25-a - Procedure and Payment of Compensation in Certain Claims; Limitation of Right to Compensation.
  1. Notwithstanding other provisions of this chapter, when an application for compensation is made by an employee or for death benefits in behalf of the...
• 25-b - Awards to Non-Residents: Non-Resident Compensation Fund.
  1. There is hereby created a fund to be known as the non-resident compensation fund. Whenever an award is made to or on behalf of...
• 26 - Enforcement of Payment in Default.
  In case of default by the employer in the payment of any compensation due under an award for the period of thirty days after payment...
• 26-a - Procedure and Payment of Compensation in Claims Against Uninsured Defaulting Employers.
  1. (a) Notwithstanding any other provision of this chapter, when a claim for compensation is filed by an employee, or in case of death by...
• 27 - Depositing Future Payments in the Aggregate Trust Fund.
  1. All payments made into the fund pursuant to the provisions of this section shall constitute an indivisible and aggregate trust fund except as hereinafter...
• 27-a - Investments in Obligations of Designated Public Benefit Corporations; Indemnifications.
  1. The aggregate trust fund, and all state officers with responsibility for the custody or investment of such fund or of its assets, are authorized...
• 27-b - Amortization of Gains or Losses.
  Gains or losses realized by the aggregate trust fund as a result of transactions made pursuant to subdivision two of section twenty-seven-a, or section twenty-seven-c...
• 27-c - Appropriations to the Aggregate Trust Fund.
  1. Notwithstanding any other provision of law, the aggregate trust fund, hereinafter referred to as the fund, and all state officers with responsibility for the...
• 28 - Limitation of Right to Compensation.
  The right to claim compensation under this chapter shall be barred, except as hereinafter provided, unless within two years after the accident, or if death...
• 29 - Remedies of Employees; Subrogation.
  1. If an employee entitled to compensation under this chapter be injured or killed by the negligence or wrong of another not in the same...
• 30 - Revenues or Benefits From Other Sources Not to Affect Compensation.
  * No benefits, savings or insurance of the injured employee, independent of the provisions of this chapter, shall be considered in determining the compensation or...
• 31 - Agreement for Contribution by Employee Void.
  No agreement by an employee to pay any portion of the premium paid by his employer to the state insurance fund or to contribute to...
• 32 - Waiver Agreements.
  No agreement or release except as otherwise provided in this chapter by an employee to waive his right to compensation under this chapter shall be...
• 32-a - Waivers of Specific Coverage Prohibited.
  All employers doing business in this state shall ensure that their employees working in New York state are insured for all protections required under this...
• 33 - Assignments; Exemptions.
  Compensation or benefits due under this chapter shall not be assigned, released or commuted except as provided by this chapter, and shall be exempt from...
• 34 - Preferences.
  Compensation shall be a lien against the assets of the carrier of employer without limit of amount subordinate, however, to claims for unpaid wages and...
• 35 - Safety Net.
  1. Return to work. (a) The commissioner of labor will issue a report to the governor, the speaker of the assembly, the majority leader of...

Last modified: February 3, 2019