S T A T E O F N E W Y O R K
________________________________________________________________________
7558
2025-2026 Regular Sessions
I N A S S E M B L Y
April 1, 2025
___________
Introduced by M. of A. REYES -- read once and referred to the Committee
on Labor
AN ACT to amend the workers' compensation law, in relation to providing
for the enrollment of certain persons in direct deposit for compen-
sation payments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (b) of subdivision 9 of section 25 of
the workers' compensation law, as amended by chapter 9 of the laws of
2021, are amended and a new paragraph (e) is added to read as follows:
(a) Compensation payments shall be required, upon the written request
from an injured worker or a person entitled to a death benefit provided
by this chapter, to be deposited directly in a bank for any purpose to
an account in the name of such injured worker or person entitled to
death benefits, and duly filed in accordance with such regulations. Each
person eligible to receive payment of compensation or death benefits
under this section shall be notified of the option to receive such
payment in the form of direct deposit from the carrier or self-insured
employer, such notice to be promulgated by the board. Such eligible
person shall also be provided the means necessary to enroll in direct
deposit pursuant to this paragraph in a manner specified by regulations
of the board at the same time as notice is given pursuant to this para-
graph. PERSONS ENTITLED TO A DEATH BENEFIT WHO ARE ELIGIBLE TO RECEIVE
COMPENSATION PAYMENTS BY DIRECT DEPOSIT UPON WRITTEN REQUEST PURSUANT TO
THIS SUBDIVISION SHALL INCLUDE:
(I) A SURVIVING SPOUSE;
(II) A SURVIVING DOMESTIC PARTNER AS DEFINED IN SECTION FOUR OF THIS
CHAPTER;
(III) A DEPENDENT CHILD OR CHILDREN; OR
(IV) ANY OTHER PERSON ENTITLED TO A DEATH BENEFIT UNDER SECTION
SIXTEEN OF THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08432-01-5
A. 7558 2
(b) The board is hereby authorized to promulgate reasonable rules and
regulations, as may be necessary, to administer the direct deposit of
compensation payments, INCLUDING PAYMENTS TO A SURVIVING SPOUSE, A
SURVIVING DOMESTIC PARTNER AS DEFINED IN SECTION FOUR OF THIS CHAPTER, A
DEPENDENT CHILD OR CHILDREN, OR ANY OTHER PERSON ENTITLED TO A DEATH
BENEFIT UNDER SECTION SIXTEEN OF THIS ARTICLE. Such regulations shall
permit the deposit of compensation payments to be split between multiple
accounts by either a dollar amount or exact percentage, provided, howev-
er, such regulations may establish a minimum dollar amount and may limit
the maximum number of partial deposits allowed.
(E) (I) IF AN EMPLOYER OR INSURANCE CARRIER FAILS TO ENROLL AN ELIGI-
BLE PERSON IN DIRECT DEPOSIT WITHIN TWENTY-FIVE DAYS AFTER A REQUEST HAS
BEEN MADE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THERE SHALL BE,
PAID BY THE EMPLOYER OR, IF INSURED, THE INSURANCE CARRIER, A PENALTY OF
TWENTY PERCENT OF THE COMPENSATION DUE PER PAY PERIOD, WHICH SHALL
ACCRUE FOR THE BENEFIT OF THE INJURED WORKER OR SUCH WORKER'S SURVIVING
SPOUSE OR DEPENDENTS, AND AN ADDITIONAL PENALTY OF THREE HUNDRED
DOLLARS. SUCH PENALTIES SHALL BE PAID TO SUCH ELIGIBLE PERSON.
(II) THE BOARD MAY, UPON REQUEST BY AN EMPLOYER OR INSURER, EXCUSE
SUCH EMPLOYER OR INSURER FROM SUCH PENALTY IF SUCH PERSON COULD NOT BE
ENROLLED IN DIRECT DEPOSIT DUE TO CIRCUMSTANCES OUTSIDE OF THE CONTROL
OF SUCH EMPLOYER OR INSURER.
§ 2. This act shall take effect immediately.