2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 14-A - Double Compensation and Death Benefits When Minors Illegally Employed.

§  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  provided in this
  article, shall be double the amount otherwise  payable  if  the  injured
  employee  at  the time of the accident is a minor employed, permitted or
  suffered to work in violation of any provision of the labor  law  or  in
  violation  of  any  rule heretofore or hereafter adopted by the board of
  standards and appeals  pursuant  to  subdivision  four  of  section  one
  hundred thirty-three of said law.
An  employer  who  knowingly permits or suffers a newspaper carrier to
  work in violation of section  thirty-two  hundred  twenty-eight  of  the
  education law, shall be liable for the increased awards provided by this
  section.
2.  The  employer  alone and not the insurance carrier shall be liable
  for the increased compensation, increased death benefits, or  awards  to
  the  commissioner  of taxation and finance provided for by this section.
  Any provision in an insurance policy undertaking to relieve an  employer
  from such increased liability shall be void.
3.  A person over eighteen years of age may apply for a certificate of
  age to the superintendent of schools or to an  employment  certificating
  officer.  Upon  such  application  a  certificate  of age, signed by the
  officer issuing it and containing the name, date of birth,  address  and
  signature  of  the  applicant  shall  be  issued  to him if he furnishes
  evidence that he is over eighteen years of age such as is  required  for
  the  issuance  of  an  employment certificate. Such a certificate of age
  shall be conclusive evidence for an employer that the person has reached
  the age certified to therein, and the provisions of this  section  shall
  not  apply to the employer of such person while the person is engaged in
  employment lawful for the age and sex as certified to in the certificate
  of age.
4. With respect to a jockey,  apprentice  jockey  or  exercise  person
  licensed  under  article two or four of the racing, pari-mutuel wagering
  and breeding law, and at the election of  the  New  York  Jockey  Injury
  Compensation  Fund, Inc., with the approval of the New York state gaming
  commission, an employee of a licensed trainer or owner, who, pursuant to
  section two of this chapter, is an employee of all owners  and  trainers
  licensed  or  required  to  be licensed under article two or four of the
  racing, pari-mutuel wagering and breeding law and The  New  York  Jockey
  Injury  Compensation  Fund,  Inc.,  the  owner  or trainer for whom such
  jockey, apprentice jockey, exercise person or, if approved  by  the  New
  York  state  gaming  commission, employee of a licensed trainer or owner
  was performing services at the time of  the  accident  shall  be  solely
  responsible for the double payments described in subdivision one of this
  section,  to  the extent that such payments exceed any amounts otherwise
  payable with respect to such jockey, apprentice jockey, exercise  person
  or,  if  approved by the New York state gaming commission, employee of a
  licensed trainer or owner under any other section of this  chapter,  and
  the  New  York  Jockey  Injury  Compensation  Fund,  Inc.  shall have no
  responsibility for such excess payments, unless there shall be a failure
  of the responsible owner or trainer to pay such award  within  the  time
  provided under this chapter. In the event of such failure to pay and the
  board  requires  the  fund  to  pay the award on behalf of such owner or
  trainer who has been found to have violated this section, the fund shall
  be entitled to an award against such owner or trainer for the amount  so
  paid  which  shall  be  collected  in  the  same  manner  as an award of
  compensation.
5. With respect to a black car operator who, pursuant to  section  two
  of  this  chapter,  is  an employee of the New York black car operators'
  injury compensation fund, inc., the central dispatch facility for  which
  the  black  car  operator  was  performing  services  at the time of the
  accident  shall  be solely responsible for the double payments described
  in subdivision one of this section, to the  extent  that  such  payments
  exceed  any  amounts  otherwise  payable  with respect to such black car
  operator under any other section of this chapter, and the New York black
  car  operators'  injury  compensation   fund,   inc.   shall   have   no
  responsibility for such excess payments, unless there shall be a failure
  of  the  responsible  central dispatch facility to pay such award within
  the time provided under this chapter. In the event of  such  failure  to
  pay,  the  board  may require the fund to pay the award on behalf of the
  central dispatch facility that is found to have violated  this  section.
  In  such  a  case,  the  fund  shall be entitled to an award against the
  central dispatch facility for the excess amount paid by the fund,  which
  shall be collected in the same manner as an award of compensation.