New York Workers' Compensation Law Article 9 - DISABILITY BENEFITS

• 200 - Short Title.
  This article shall be known and may be cited as the "disability benefits law and the paid family leave benefits law."
• 201 - Definitions.
  As used in this article: 1. "Board" means the workmen's compensation board created under this chapter. 2. "Chairman" means the chairman of the workmen's compensation...
• 202 - Covered Employer.
  1. An employer who has in employment, after June thirtieth, nineteen hundred sixty-one, one or more employees on each of at least thirty days in...
• 203 - Employees Eligible for Benefits Under Section Two Hundred Four of This Article.
  Employees in employment of a covered employer for four or more consecutive weeks and employees in employment during the work period usual to and available...
• 203-a - Retaliatory Action Prohibited for Family Leave.
  1. The provisions of section one hundred twenty of this chapter and section two hundred forty-one of this article shall be applicable to family leave....
• 203-b - Reinstatement Following Family Leave.
  Any eligible employee of a covered employer who takes leave under this article shall be entitled, on return from such leave, to be restored by...
• 203-c - Health Insurance During Family Leave.
  203-c Health insurance during family leave. In accordance with the Family and Medical Leave Act (29 U.S.C. 2601-2654), during any period of family leave the...
• 204 - Disability and Family Leave During Employment.
  1. Disability benefits shall be payable to an eligible employee for disabilities, beginning with the eighth day of disability and thereafter during the continuance of...
• 205 - Disabilities, Family Leave and Periods for Which Benefits are Not Payable.
  1. No employee shall be entitled to disability benefits under this article: (a) For more than twenty-six weeks minus any days taken for family leave...
• 206 - Non-Duplication of Benefits.
  1. No disability benefits shall be payable under section two hundred four or two hundred seven of this article: (a) in a weekly benefit amount...
• 207 - Disability While Unemployed.
  1. Employees entitled to unemployment insurance benefits. An employee whose employment with a covered employer is terminated and who during a period of unemployment within...
• 208 - Payment of Disability and Family Leave Benefits.
  1. Benefits provided under this article shall be paid periodically and promptly and, except as to a contested period of disability or family leave, without...
• 209 - Contribution of Employees for Disability and Family Leave Benefits.
  1. Every employee in the employment of a covered employer shall contribute to the cost of providing disability and after January first, two thousand eighteen,...
• 210 - Employer Contributions.
  1. Every covered employer shall, on and after January first, nineteen hundred fifty, contribute the cost of providing disability benefits in excess of the contributions...
• 211 - Provision for Payment of Benefits.
  A covered employer shall, with his or her own contributions and the contributions of his employees, provide disability and after January first, two thousand eighteen,...
• 212 - Voluntary Coverage.
  1. Any employer not required by this article to provide for the payment of disability or family leave benefits to his employees, or to any...
• 212-a
  212-a. Notwithstanding the definition of "employer" and "employment" set forth in section two hundred one of this article and the requirement for insurance policies to...
• 212-b - Public Employees; Public Employees Represented by an Employee Organization; Employee Opt In.
  1. For purposes of this section, "public employee" means any employee of the state, any political subdivision of the state, a public authority or any...
• 213 - Non-Compliance or Default.
  1. Whenever a covered employer does not comply with this article by providing for the payment of disability and family leave benefits to his or...
• 214 - Special Fund for Disability Benefits.
  There is hereby created a fund which shall be known as the special fund for disability benefits to provide for the payment of disability benefits...
• 215 - Commissioner of Taxation and Finance Custodian of Fund.
  The commissioner of taxation and finance shall be the custodian of the special fund for disability benefits and all disbursements therefrom shall be paid by...
• 216 - Disposition of Uncommitted Balance of Employees' Contributions.
  Whenever any arrangement for the provision of benefits as set forth in section two hundred eleven is terminated, any uncommitted balance of employee contributions shall...
• 217 - Notice and Proof of Claim.
  1. Written notice and proof of disability or proof of need for family leave shall be furnished to the employer by or on behalf of...
• 218 - Disability Benefit Rights Inalienable.
  1. Any agreement by an employee to waive his rights under this article shall be void. 2. Disability benefits payable under this article shall not...
• 219 - Enforcement of Payment in Default.
  In case of a default in the payment of any benefits, assessments or penalties payable under this article by an employer who has failed to...
• 220 - Penalties.
  1. Any employer who fails to make provision for payment of disability or family leave benefits as required by section two hundred eleven of this...
• 221 - Determination of Contested Claims for Disability and Family Leave Benefits.
  In accordance with regulations adopted by the chair, within twenty-six weeks of written notice of rejection of claim, the employee may file with the chair...
• 222 - Technical Rules of Evidence or Procedure Not Required.
  The chair, the board or the chair's designee, pursuant to section two hundred twenty-one of this article, in making an investigation or inquiry or conducting...
• 223 - Modification of Board Decisions or Orders.
  Upon its own motion or upon the application of any party in interest, the board may at any time review any decision or order regarding...
• 224 - Appeals.
  All the provisions of section twenty-three of this chapter with respect to decisions of the board and appeals from such decisions shall be applicable to...
• 225 - Fees for Representing Employees.
  Claims of attorneys and counsellors-at-law for services in connection with any contested claim arising under this article shall not be enforceable unless approved by the...
• 226 - The Insurance Contract.
  1. Every policy of insurance providing the benefits required to be paid under this article shall contain a provision setting forth the right of the...
• 227 - Actionable Injuries in Claims for Disability Benefits; Subrogation.
  1. If an employee entitled to disability benefits under this article be disabled by injury caused by the negligence or wrong of a third party,...
• 228 - Administrative Expenses.
  1. The estimated annual expenses necessary for the workers' compensation board to administer the provisions of the disability benefits law shall be borne by all...
• 229 - Posting of Notice and Providing of Notice of Rights.
  1. Each covered employer shall post and maintain in a conspicuous place or places in and about the employer's place or places of business typewritten...
• 230 - Destruction of Records.
  All records and documents relative to this article required to be filed with the chairman or board may be destroyed, in accordance with the state...
• 231 - Subpoenas.
  A subpoena or a subpoena duces tecum may be signed and issued by the chairman, a member of the board, referee or such officer as...
• 232 - Fees for Testimony of Physicians, Podiatrists, Chiropractors, Dentists, Psychologists and Health Care Providers.
  Whenever his or her attendance at a hearing, deposition or arbitration before the board or the chair's designee, pursuant to section two hundred twenty-one of...
• 233 - Inspection of Records of Employers.
  All books, records and payrolls of employers shall be open for inspection by the chairman or by any officer or employee of the board designated...
• 234 - Disclosures Prohibited.
  Information as required by any carrier, or its officers or employees, from employers or employees or others pursuant to this article shall not be opened...
• 235 - Exemptions.
  Any employee who is receiving or is entitled to receive old-age insurance benefits under title two of the social security act, shall be exempt from...
• 236 - Disposition of Accrued Benefits Upon Death.
  If any benefits due under this article to an employee are unpaid at the time of his death, such benefits shall be payable to the...
• 237 - Reimbursement for Advance Payments by Employers.
  If an employer has made advance payments of benefits or has made payments to an employee in like manner as wages during any period of...
• 238 - Payments to Minors.
  Minors shall be deemed to be sui juris for the purpose of receiving payment of benefits under this article.
• 239 - Representation Before the Board.
  Any person, firm, or corporation licensed by the board under section twenty-four-a of this article or subdivision three-b of section fifty of this chapter shall...
• 240 - Non-Liability of State.
  The special fund for disability benefits created by section two hundred fourteen shall be the sole and exclusive source for the payment of benefits provided...
• 241 - Application of Other Provisions of Chapter.
  All the powers and duties conferred or imposed upon the chairman and board by this chapter that are necessary for the administration of this article...
• 242 - Separability of Provisions; Federal Law; Regulations.
  1. If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of this article and...

Last modified: February 3, 2019