N.Y. Work. Comp. Law § 208
Payment of disability and family leave benefits
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2017
As of January 1, 2015
§ 208. Payment of disability benefits. 1. Benefits provided under\nthis article shall be paid periodically and promptly and, except as to a\ncontested period of disability, without any decision by the board. The\nfirst payment of benefits shall be due on the fourteenth day of\ndisability and benefits for that period shall be paid directly to the\nemployee within four business days thereafter or within four business\ndays after the filing of required proof of claim, whichever is the\nlater. Thereafter benefits shall be due and payable bi-weekly in like\nmanner. The chairman may determine that benefits may be paid monthly or\nsemi-monthly if wages were so paid, and may authorize deviation from the\nforegoing requirements to facilitate prompt payment of benefits. Any\ninquiry which requires the employee's response in order to continue\nbenefits uninterrupted or unmodified shall provide a reasonable time\nperiod in which to respond and include a clear and prominent statement\nof the deadline for responding and consequences of failing to respond.\n 2. The chairman may, whenever such information is deemed necessary,\nrequire any carrier to file in form prescribed by the chairman a report\nor reports as to any claim or claims, including (but without limitation)\ndates of commencement and termination of benefit payments and amount of\nbenefits paid under this article. The chairman may also require annually\ninformation in respect to the aggregate of benefits paid, the number of\nclaims allowed and disallowed, the average benefits and duration of\nbenefit periods, the amount of payrolls covered and such other\ninformation as the chairman may deem necessary for the purposes of\nadministering this article. If the carrier is providing benefits in\nrespect to more than one employer, the chairman may require that such\ninformation be shown separately as to those employers who are providing\nonly benefits that are substantially the same as the benefits required\nin this article.\n
§ 208. Payment of disability and family leave benefits. 1. Benefits\nprovided under this article shall be paid periodically and promptly and,\nexcept as to a contested period of disability or family leave, without\nany decision by the board, or designee of the chair pursuant to section\ntwo hundred twenty-one of this article. The first payment of benefits\nshall be due on the fourteenth day of disability or family leave and\nbenefits for that period shall be paid directly to the employee within\nfour business days thereafter or within four business days after the\nfiling of required proof of claim, whichever is the later. If the\nemployer or carrier rejects an initial claim for family leave benefits,\nthe employer or carrier must notify the employee in a manner prescribed\nby the chair within eighteen days of filing of the proof of claim.\nFailure to timely reject shall constitute a waiver of objection to the\nfamily leave claim. Thereafter benefits shall be due and payable\nbi-weekly in like manner. The chair or chair's designee, pursuant to\nsection two hundred twenty-one of this article, may determine that\nbenefits may be paid monthly or semi-monthly if wages were so paid, and\nmay authorize deviation from the foregoing requirements to facilitate\nprompt payment of benefits. Any inquiry which requires the employee's\nresponse in order to continue benefits uninterrupted or unmodified shall\nprovide a reasonable time period in which to respond and include a clear\nand prominent statement of the deadline for responding and consequences\nof failing to respond.\n 2. The chair and superintendent of financial services may, whenever\nsuch information is deemed necessary, require any carrier to file in\nform prescribed by the chair a report or reports as to any claim or\nclaims, including (but without limitation) dates of commencement and\ntermination of benefit payments and amount of benefits paid under this\narticle. The chair and superintendent of financial services may also\nrequire annually information in respect to the aggregate of benefits\npaid, the number of claims allowed and disallowed, the average benefits\nand duration of benefit periods, the amount of payrolls covered and such\nother information as the chair may deem necessary for the purposes of\nadministering this article. If the carrier is providing benefits in\nrespect to more than one employer, the chair and superintendent of\nfinancial services may require that such information be shown separately\nas to those employers who are providing only benefits that are\nsubstantially the same as the benefits required in this article. The\nchair and superintendent of financial services may prescribe the format\nof such report and may promulgate regulations to effectuate this\narticle.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.