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This entry was published on 2017-04-14
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SECTION 14-A
Double compensation and death benefits when minors illegally employed
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 2
§ 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.