senate Bill S3364

2013-2014 Legislative Session

Creates a private right of action against non-compliant employers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Feb 01, 2013 referred to labor

S3364 - Details

Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Add ยง138, Work Comp L
Versions Introduced in 2011-2012 Legislative Session:
S5604

S3364 - Summary

Creates a private right of action against non-compliant employers.

S3364 - Sponsor Memo

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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