Section 14-A. Double compensation and death benefits when minors illegally employed  


Latest version.
  • 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  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.