S T A T E O F N E W Y O R K
________________________________________________________________________
7097
2023-2024 Regular Sessions
I N S E N A T E
May 18, 2023
___________
Introduced by Sen. RAMOS -- 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 notice of
insurance requirements for injured employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 51 of the workers' compensation law, as amended by
chapter 105 of the laws of 2019, is amended to read as follows:
§ 51. Posting of notice regarding compensation. 1. Every employer who
has complied with section fifty of this article shall post and maintain
in a conspicuous place or places in and about his OR HER place or places
of business typewritten or printed in English [and], Spanish, AND ANY
OTHER NATIVE LANGUAGE OF EMPLOYEES notices in form prescribed by the
chairman, stating the fact that he OR SHE has complied with all the
rules and regulations of the chairman and the board and that he OR SHE
has secured the payment of compensation to his OR HER employees and
their dependents in accordance with the provisions of this chapter, but
failure to post such notice as herein provided shall not in any way
affect the exclusiveness of the remedy provided for by section eleven of
this chapter. Every employer who owns or operates automotive or horse-
drawn vehicles and has no minimum staff of regular employees required to
report for work at an established place of business maintained by such
employer and every employer who is engaged in the business of moving
household goods or furniture shall post such notices in each and every
vehicle owned or operated by him OR HER. Failure to post or maintain
such notice in any of said vehicles shall constitute presumptive
evidence that such employer has failed to secure the payment of compen-
sation. The chairman may require any employer to furnish a written
statement at any time showing the stock corporation, mutual corporation
or reciprocal insurer in which such employer is insured or the manner in
which such employer has complied with any provision of this chapter.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10993-01-3
S. 7097 2
Failure for a period of ten days to furnish such written statement shall
constitute presumptive evidence that such employer has neglected or
failed in respect of any of the matters so required. Any employer who
fails to comply with the provisions of this section shall be required to
pay to the board a fine of five hundred dollars for each violation, in
addition to any other penalties imposed by law to be deposited into the
uninsured employers' fund.
2. WHENEVER AN EMPLOYER IS REQUIRED UNDER SECTION ONE HUNDRED TEN OF
THIS CHAPTER TO REPORT THE OCCURRENCE OF A WORKPLACE INJURY TO THE
BOARD, THE EMPLOYER SHALL ALSO PROVIDE THE EMPLOYEE SO INJURED WITH A
WRITTEN STATEMENT IN THE EMPLOYEE'S NATIVE LANGUAGE OF THE EMPLOYEE'S
RIGHTS UNDER THIS CHAPTER, INCLUDING AN EXPLANATION OF HOW A CLAIM MAY
BE FILED WRITTEN IN PLAIN LANGUAGE BY THE BOARD AND IN THE EMPLOYEE'S
NATIVE LANGUAGE.
3. ANY EMPLOYER WHO IS REQUIRED UNDER SECTION ONE HUNDRED TEN OF THIS
CHAPTER TO REPORT THE OCCURRENCE OF A WORKPLACE INJURY WHO FAILS TO
PROVIDE THE INJURED EMPLOYEE WITH A WRITTEN STATEMENT OF EMPLOYEE RIGHTS
IN THE EMPLOYEE'S NATIVE LANGUAGE AS REQUIRED PURSUANT TO SUBDIVISION
TWO OF THIS SECTION, WITHIN SEVEN DAYS OF THE OCCURRENCE OF SUCH INJURY
SHALL FORFEIT TO THE PEOPLE OF THE STATE THE SUM OF ONE THOUSAND DOLLARS
FOR EACH SUCH FAILURE, TO BE RECOVERED BY THE BOARD OR ITS DESIGNEE IN
ANY LEGAL ACTION NECESSARY, INCLUDING ADMINISTRATIVE ACTION OR A CIVIL
ACTION. IN SUCH EVENT, THE INJURED EMPLOYEE SHALL ALSO BE ENTITLED TO
COMPENSATORY OR VACATION LEAVE IN THE AMOUNT OF ONE DAY OF LEAVE FOR
EACH DAY THE EMPLOYER FAILS TO TIMELY PROVIDE THE INJURED EMPLOYEE WITH
A WRITTEN STATEMENT OF RIGHTS UNDER THIS ARTICLE UP TO A MAXIMUM OF
FOURTEEN DAYS' LEAVE. SUCH LEAVE SHALL BE COMPENSATED BY THE EMPLOYER AT
THE EMPLOYEE'S NORMAL RATE OF PAY WITHOUT PENALTY OR DEDUCTION FOR LEAVE
STATUS.
§ 2. This act shall take effect immediately.