State Codes and Statutes

Statutes > New-york > Wkc > Article-2 > 14-a

§  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 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 or exercise  person 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 or  exercise person 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  paymentsexceed  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.

State Codes and Statutes

Statutes > New-york > Wkc > Article-2 > 14-a

§  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 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 or exercise  person 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 or  exercise person 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  paymentsexceed  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Wkc > Article-2 > 14-a

§  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 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 or exercise  person 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 or  exercise person 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  paymentsexceed  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.