2006 New York Code - Double Compensation And Death Benefits When Minors Illegally Employed.



 
    §  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 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 the 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 section fourteen-a, 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.

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