|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to labor|
|Feb 01, 2013||referred to labor|
senate Bill S3364
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3364 - Details
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Add §138, Work Comp L
- Versions Introduced in 2011-2012 Legislative Session:
S3364 - Sponsor Memo
BILL NUMBER:S3364 TITLE OF BILL: An act to amend the workers' compensation law, in relation to establishing a private right of action against non-compliant employers PURPOSE: To grant and allow for a plaintiff or plaintiffs the right to file a civil suit against an employer based on certain factors. SUMMARY OF PROVISIONS: Section 1: Workers' Compensation law is amended with the addition of section 138, whereby establishing "private right of action" for employ- ees, employee's dependents and insurance carriers for the filing of a civil suit against an employer. If a claim for compensation is filed by either an employee, an employ- ee's dependents or insurance carrier, and the employer has failed to secure payment of compensation in accordance with sections 26, 26-A and 50 of the Workers' Compensation law, such employee, employee dependent or insurance carrier may institute an action in a court of competent jurisdiction and file an action against such employer. A notice shall be issued beginning ninety days after the employee or insurer has provided notice of complaint and served such notice.
S3364 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3364 2013-2014 Regular Sessions I N S E N A T E February 1, 2013 ___________ Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to establish- ing a private right of action against non-compliant employers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The workers' compensation law is amended by adding a new section 138 to read as follows: S 138. PRIVATE RIGHT OF ACTION. 1. RIGHT ESTABLISHED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, EMPLOYEES, OR IN THE CASE OF DEATH OF THE EMPLOYEE, SUCH EMPLOYEE'S DEPENDENTS AND INSURANCE CARRIERS SHALL HAVE THE RIGHT TO FILE A CIVIL SUIT, IN A COURT OF COMPETENT JURISDICTION, AGAINST AN EMPLOYER AS PROVIDED HEREIN. 2. CLAIMS. (A) WHEN A CLAIM FOR COMPENSATION IS FILED BY AN EMPLOYEE, OR IN THE CASE OF DEATH OF THE EMPLOYEE, BY THE EMPLOYEE'S DEPENDENTS, AND THE EMPLOYER HAS FAILED TO SECURE THE PAYMENT OF COMPENSATION IN ACCORDANCE WITH SECTION FIFTY OF THIS CHAPTER, TO MAKE DEPOSIT OF SECU- RITY IN ACCORDANCE WITH SECTION TWENTY-SIX OF THIS CHAPTER, TO MAKE PAYMENT OF COMPENSATION INTO THE FUND CREATED UNDER SECTION TWENTY-SIX-A OF THIS CHAPTER ACCORDING TO THE TERMS OF ANY AWARD INCLUDING, WITHOUT LIMITATION, AWARDS MADE PURSUANT TO SUBDIVISION FIVE OF SECTION THIR- TEEN-G, SUBDIVISION TWO OF SECTION THIRTEEN-F, SUBDIVISION FIVE OF SECTION THIRTEEN-K, SUBDIVISION FIVE OF SECTION THIRTEEN-L AND SUBDIVI- SION SIX OF SECTION THIRTEEN-M OF THIS ARTICLE, OR TO MAKE PAYMENT ON A PREMIUM IN THREE CONSECUTIVE CALENDAR MONTHS, PROVIDED, THAT PARTIAL PAYMENT SHALL CONSTITUTE NON-PAYMENT, SUCH EMPLOYEE OR EMPLOYEE'S DEPEN- DENTS MAY INSTITUTE AN ACTION IN A COURT OF COMPETENT JURISDICTION, SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDIVISIONS THREE AND FOUR OF THIS SECTION. (B) WHEN A CLAIM FOR COMPENSATION IS FILED BY AN EMPLOYEE, OR IN THE CASE OF DEATH OF THE EMPLOYEE, BY THE EMPLOYEE'S DEPENDENTS, AND THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00657-01-3
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