When it comes to fulfilling their obligations to provide insurance for workers in accordance with the provisions of the Workers Compensation Act, there are three main options for employers in Brooklyn, New York State.
The first option is insurance with the New York State Insurance Fund (NYSIF), which is NY’s largest writer of insurance compensation workers and is officially classified as a nonprofit government agency. They can also choose to insure with a private insurance company, provided that the carrier offers the appropriate product. Alternatively, businesses have the opportunity to insure themselves as part of a self-insured trust, consortium, or employer plan group.
Failure to provide coverage for five or fewer employees over a 12-month period, when required by the provisions of the Compensation for Workers Act, is classified as misconduct and entails non-compliance with a fine of at least $ 1,000 and no more than $ 5,000 Failure to provide coverage for more than five employees within 12 months is classified as a serious crime and is punishable by a fine of up to $ 50,000.
A subsequent failure to provide coverage, after a previous conviction for such failure, is classified as a Class D felony. This entails the imposition of an additional fine of up to $ 50,000, and subject to other penalties prescribed by law. Distortion, including attempts to avoid proper classification or hiding salary payments, can be classified as a criminal and civil issue and is punishable through various financial sanctions.
In addition, laws exist that protect Brooklyns New York workers compensation from termination or other forms of discrimination in the workplace after claims for compensation to employees. This means that it is illegal to shoot or discriminate against those who claimed or tried to claim New York State compensation to employees based on their application. Such protection also extends to any employee who has testified, or to testify, in a compensation hearing for employees of another employee.
In the event that compensation is paid to the New York State Board of Employees to find that the employee was improperly discharged, the Board has the right to order that the employee be reinstated. This employee will also have to be paid by the employer for any loss of compensation due to discrimination and the employer may also be liable for a fine of $ 100 to $ 500.
In addition, injuries or disabilities for employees who wish to return to work will be granted certain remedies in accordance with the provisions of the 1990 Law on Persons with Disabilities, which specifically prohibits discrimination in the workplace against people with disabilities. Additional information regarding the consequences of this act may be discussed with compensation from the New York State Board of Workers by visiting one of their local offices.
Under the Brooklyns New York Workers Compensation Act, almost all public and private sector employers, at least one person must provide employees with insurance compensation for employees. In addition, they must demonstrate evidence of their compliance with the law, a prominent place for the display of Form C-105, “Notification of Conformity,” in every place of the business. In particular, employers must provide compensation coverage for the following New York employees:
- Employees in any work carried out on behalf of a non-profit business. This includes full-time employees, borrowed or paid employees, family members and most subcontractors. It also includes volunteer work for a nonprofit organization
- Local workers employed for 40 hours or more per week per employer. This includes nannies, chauffeurs, nannies, cooks, maids, housekeepers, butlers, and gardeners. The number of hours worked includes time spent eating or sleeping on-site, as well as assignments or other duties performed off-site, as long as they are performed for the employer
- Farmworkers, as long as their employer paid them at least $ 1,200 for the previous calendar year. In most cases, this includes farmers’ relatives, with the exception of spouses and minor children. However, they also require coverage if they work under an express contract of employment
- Secondary school teachers, with the exception of those working in New York, as well as public schools, including assistants to those based in New York
- New York State employees, including any volunteer workers who are officially classified as being under state employment. This definition should be based on the guidelines set forth in Article 1, Section 3 of the document entitled “NY Code – WKC – Employee Compensation”
- Employees of counties and municipalities who are engaged in work that is legally defined as “hazardous” in accordance with the guidelines set out in Article 1, Section 3 of the document entitled “NY Code – WKC – Worker Compensation” – for example, bridge construction, boiler plants cable repair, heavy machine operation, and the manufacture or handling of chemicals or explosives
- All corporate officers as long as the corporation in question has more than two officers and / or two shareholders. Officers in one or two people of the corporation should also be closed if the corporation has other employees, although these employees may voluntarily exclude themselves from the coverage
- Almost all employees who are given financial compensation for work carried out on behalf of non-profit organizations. For the purposes of this law, financial compensation includes scholarships, accommodation, and meals, as well as any other benefits that are considered to have a monetary value
- Any other employee is identified by the New York Workers Comp. Advice to be an employee, not specifically excluded from coverage in accordance with the provisions of the Workers Compensation Act
As a general rule, enterprises are not entitled to demand from Brooklyn’s New York workers in order to receive their own coverage for workers ‘compensation or to require them to financially contribute to their employees’ insurance compensation policies. An exception is made if the employee is legally classified as an independent contractor, in which case the company may insist on seeing evidence that the independent contractor has valid coverage of its own.