N.Y. WKC Law § 21-A — New York Code / Act WKC / Article 2 / Section 21-A
Temporary payment of compensation
Status: in_force

§ 21-a. Temporary payment of compensation. * 1. Notwithstanding any\nother provision of this chapter to the contrary, in any instance in\nwhich an employer is unsure of the extent of its liability for a claim\nfor compensation by an injured employee pursuant to this chapter, such\nemployer may initiate compensation payments and payments for prescribed\nmedicine and continue such payments for one year, without prejudice and\nwithout admitting liability, in accordance with a notice of temporary\npayment of compensation, on a form prescribed by the board.\n  * NB Effective until January 1, 2027\n  * 1. Notwithstanding any other provision of this chapter to the\ncontrary, in any instance in which an employer is unsure of the extent\nof its liability for a claim for compensation by an injured employee\npursuant to this chapter, such employer may initiate compensation\npayments and payments for medical treatment and care, including\nprescribed medicine and continue such payments for one year, without\nprejudice and without admitting liability, in accordance with a notice\nof temporary payment of compensation, on a form prescribed by the board.\n  * NB Effective January 1, 2027\n  * 2. The notice of temporary payment of compensation authorized by\nsubdivision one of this section shall be delivered to the injured\nemployee and the board. Such notice shall notify the injured employee\nthat the temporary payment of compensation and prescribed medicine shall\nnot be deemed to be an admission of liability by the employer for the\ninjury or injuries to the employee. The board, upon receipt of a notice\nof temporary payment of compensation, shall send a notice to the injured\nemployee stating that:\n  (a) the board has received a notice of temporary payment of\ncompensation relating to such injured employee;\n  (b) the payment of temporary compensation and prescribed medicine and\nthe injured employee's acceptance of such temporary compensation and\nprescribed medicine shall not be an admission of liability by the\nemployer, nor prejudice the claim of the injured employee;\n  (c) the payment of temporary compensation and prescribed medicine\nshall terminate on the elapse of: one year, or the employer's contesting\nof the injured employee's claim for compensation and prescribed\nmedicine, or the board determination of the injured employee's claim,\nwhichever is first; and\n  (d) the injured employee may be required to enter into an agreement\nwith the employer to ensure the continuation of payments of temporary\ncompensation and prescribed medicine.\n  * NB Effective until January 1, 2027\n  * 2. The notice of temporary payment of compensation authorized by\nsubdivision one of this section shall be delivered to the injured\nemployee and the board. Such notice shall notify the injured employee\nthat the temporary payment of compensation and medical treatment and\ncare, including prescribed medicine shall not be deemed to be an\nadmission of liability by the employer for the injury or injuries to the\nemployee. The board, upon receipt of a notice of temporary payment of\ncompensation, shall send a notice to the injured employee stating that:\n  (a) the board has received a notice of temporary payment of\ncompensation relating to such injured employee;\n  (b) the payment of temporary compensation and medical treatment and\ncare, including prescribed medicine and the injured employee's\nacceptance of such temporary compensation and medical treatment and\ncare, including prescribed medicine shall not be an admission of\nliability by the employer, nor prejudice the claim of the injured\nemployee;\n  (c) the payment of temporary compensation and medical treatment and\ncare, including prescribed medicine shall terminate on the elapse of:\none year, or the employer's contesting of the injured employee's claim\nfor compensation and medical treatment and care, including prescribed\nmedicine, or the board determination of the injured employee's claim,\nwhichever is first; and\n  (d) the injured employee may be required to enter into an agreement\nwith the employer to ensure the continuation of payments of temporary\ncompensation and medical treatment and care, including prescribed\nmedicine.\n  * NB Effective January 1, 2027\n  * 3. An employer may cease making temporary payments of compensation\nand prescribed medicine if such employer delivers within five days after\nthe last payment, to the injured employee and the board, a notice of\ntermination of temporary payments of compensation on a form prescribed\nby the board. Such notice shall inform the injured employee that the\nemployer is ceasing temporary payment of compensation and prescribed\nmedicine. Upon the cessation of temporary payments of compensation and\nprescribed medicine, all parties to any action pursuant to this chapter\nshall retain all rights, defenses and obligations they would otherwise\nhave pursuant to this chapter without regard for the temporary payment\nof compensation and prescribed medicine.\n  * NB Effective until January 1, 2027\n  * 3. An employer may cease making temporary payments of compensation\nand medical treatment and care, including prescribed medicine if such\nemployer delivers within five days after the last payment, to the\ninjured employee and the board, a notice of termination of temporary\npayments of compensation on a form prescribed by the board. Such notice\nshall inform the injured employee that the employer is ceasing temporary\npayment of compensation and medical treatment and care, including\nprescribed medicine. Upon the cessation of temporary payments of\ncompensation and medical treatment and care, including prescribed\nmedicine, all parties to any action pursuant to this chapter shall\nretain all rights, defenses and obligations they would otherwise have\npursuant to this chapter without regard for the temporary payment of\ncompensation and medical treatment and care, including prescribed\nmedicine.\n  * NB Effective January 1, 2027\n  4. The failure of an employer to provide the notice of termination,\npursuant to subdivision three of this section, within one year of the\ncommencement of temporary payment of compensation shall be deemed to be\nan admission of liability by the employer and the notice of temporary\npayment of compensation shall be converted to a notice of compensation\npayable.\n