2006 New York Code - City Employees Injured In Course Of Duty.

 
    §  12-127  City  employees injured in course of duty. a. Any member of
  the uniformed forces of the fire or police  departments  or  any  person
  employed  in  the  department  of  sanitation  in the sanitation service
  classification of the classified civil  service  who  shall  be  injured
  while  actually employed in the discharge of police orders of his or her
  superior officers in  the  police  station,  fire  house  or  sanitation
  section  station,  as  the  case  may  be,  or  as the result of illness
  traceable directly to the performance  of  police,  fire  or  sanitation
  duty,  as  the  case may be, or any employee of the department of parks,
  general services, ports and terminals or environmental protection  or  a
  person  employed  by  the police commissioner as a school crossing guard
  who shall be injured while actually employed in the discharge  of  duty,
  shall be received by any hospital for care and treatment when such facts
  are  certified  to  by  the  head  of  the  department. Unless otherwise
  provided in this section, such members shall be received by any hospital
  at the usual ward patient rates. The bill for such care and treatment at
  such rates, when certified by the  superintendent  or  other  person  in
  charge  of  such  hospital  and  approved  by the head of the department
  concerned, shall be paid by the city.
    b. Any member of the uniformed forces of the fire or police department
  or any person employed in the department of sanitation in the sanitation
  service classification of the  classified  civil  service  or  a  person
  employed  by  the  police  commissioner  as a school crossing guard who,
  while  in  the  actual  performance  of  duty,  and  by  reason  of  the
  performance  of  such duty and without fault or misconduct on his or her
  part, shall receive injuries to an extent which may endanger his or  her
  life,  shall  be  received  by  any hospital for care and treatment, and
  shall be afforded such medical or surgical care and  hospitalization  as
  may   be  ordered  by  the  chief  medical  officer  of  the  respective
  departments in conformity with the  provisions  of  this  section.  Such
  medical  officer  shall forthwith notify the comptroller of the care and
  hospitalization  so  ordered.  The  rate  charged  for  such  care   and
  hospitalization for such member or such person shall not exceed the rate
  charged  any  person in receipt of an income equal to the salary of such
  member or of such person for the same  accommodations.  The  comptroller
  and the heads of the departments affected shall make necessary rules and
  regulations   to   carry  out  the  provisions  of  this  section.  Upon
  certification by the chief medical officer of the department  concerned,
  the  bill  for  such  care  and  hospitalization,  when certified by the
  superintendent or other person in charge of the hospital and approved by
  the head of the department concerned, shall be paid by the city.
    c. (1) Each agency shall keep a record of  any  workers'  compensation
  claim  filed  by  an  employee,  the subject of which concerns an injury
  sustained in the course of duty while such employee was employed at such
  agency. Such record shall include, but not be limited to, the  following
  data:
    (i) the name of the agency where such employee worked;
    (ii) such employee's title;
    (iii)  the  date  such  employee or the city filed such claim with the
  appropriate office of the state of New York, if any;
    (iv) the date the city began to make payment for such  claim,  or  the
  date  such claim was established by the appropriate state office and the
  date the city began to make payment for  such  claim  pursuant  to  such
  establishment, if any;
    (v) the date such injury occurred;
    (vi) the location at which such injury occurred;


    (vii)  the  nature  of such injury, including, but not limited to, the
  circumstances of such injury, the type or diagnosis of such injury and a
  description of how such injury occurred;
    (viii)  the length of time such employee is unable to work due to such
  injury, if any; and
    (ix) a list of any expenses paid as a result of such claim, including,
  but not limited to,  expenses  relating  to  wage  replacement,  medical
  costs, administrative costs and any penalties.
    (2)  Each agency shall transmit records gathered pursuant to paragraph
  (1) of subdivision c of this section, as soon  as  practicable,  to  the
  mayor of the city of New York.
    (3)  The  mayor  of  the  city of New York shall ensure that an annual
  report is prepared utilizing the records received from each city  agency
  pursuant  to paragraph (2) of subdivision c of this section. Such report
  shall be transmitted to the mayor, the comptroller, the public  advocate
  and  the speaker of the council of the city of New York by the first day
  of May, covering the previous calendar year. Such report shall  include,
  but not be limited to:
    (i)  an  analysis, with respect to each agency included in the report,
  of expenses paid as a result of workers' compensation claims, including,
  but not limited to,  expenses  relating  to  wage  replacement,  medical
  costs, administrative costs and any penalties paid by an agency;
    (ii)  a  list of the occurrence of specific claims for each agency and
  for the city as a whole;
    (iii) a list of the specific sites where injuries  occurred  for  each
  agency and for the city as a whole;
    (iv) year-to-year comparisons of information compiled pursuant to this
  paragraph.
    Notwithstanding  any  provision  of law to the contrary, a provider of
  medical treatment or hospital care furnished pursuant to the  provisions
  of  this  section  shall not collect or attempt to collect reimbursement
  for such treatment or care from any such city employee.