NY Work Comp L § 220 (2021)
2021 New York Laws WKC - Workers' Compensation Article 9 - Disability Benefits 220 - Penalties.

§  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 article within ten days following the date on which such employer becomes a covered employer as defined in section two hundred  two  of  this article 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  or  family  leave 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  chair  or  any officer of the board designated by him or her, upon finding that an employer has  failed  to  make  provision  for  the payment  of  disability or family leave benefits, shall impose upon such employer a penalty not in excess of a sum equal to one-half of  one  per centum of his or her 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  of  this article.   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 herself 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 or she shall be guilty of a misdemeanor.   4. Whenever a carrier shall fail to make prompt payment of  disability or  family  leave  benefits payable under this article and after hearing before an officer designated by the chair  or  a  determination  by  the chair's  designee,  pursuant  to  section two hundred twenty-one of this article, for that purpose, the chair or designee  shall  determine  that failure to make such prompt payment was without just cause, the chair or designee,  pursuant  to  section two hundred twenty-one of this article, 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 chair or designee, pursuant to section two hundred twenty-one of this article, 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 chair or designee 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  the  chair  or  designee,  pursuant  to section  two  hundred  twenty-one  of  this  article,  shall find, after reasonable investigation, has submitted to the employer  or  carrier  or  chair  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 of this section, 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.   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  and after January first, two thousand twenty-one, the payment of family leave 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 and after January first, two thousand eighteen,  the  payment  of  family leave benefits for all employees has been secured as provided by this article.