What's happening
This bill requires employers or the board, not insurance carriers, to designate which employees receive workers' compensation coverage.
Why it matters
Shifts control over workers’ compensation coverage decisions. directly to employers or the Workers’ Compensation Board, reducing the influence of insurance carriers in determining which employees are covered. This could impact how coverage disputes and worker classifications are handled.
Prevents insurance carriers from calculating premiums. based on individuals not specifically designated for coverage by the employer or the board, potentially leading to greater transparency and predictability in premium costs for businesses.
Maintains strict employer obligations. to provide coverage as required by law, and does not exempt employers from penalties for non-compliance, ensuring that worker protections under existing statutes remain intact.
May affect disputes over employee classification. , as the explicit designation authority could lead to more formal processes or challenges about who is considered covered, possibly impacting independent contractor vs. employee debates.
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Who cares
Headline styles
Let Employers Pick Coverage
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
810
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to the designation of coverage for certain employees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The workers' compensation law is amended by adding a new section 138 to read as follows:
§ 138. Coverage. Each employer as defined under section two of this chapter, or the board, shall designate the employees for whom coverage is to be provided under this chapter and no insurance carrier as defined in subdivision twelve of section two of this chapter shall make such a determination, nor shall any such insurance carrier base its premiums, in whole or in part, on the remuneration paid to any person whom the employer or the board has not designated for coverage under an employer's workers' compensation insurance policy. Nothing in this section shall alter an employer's obligation to provide workers' compensation coverage to its employees as determined by such employer or the board pursuant to section ten of this chapter or any other law, nor shall this section release any employer from the penalties established under this chapter or any other chapter for non-compliance with the provisions of this chapter.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05223-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.