N.Y. Workers' Compensation Law § 14-a: 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

licensed under article two or four of the racing, pari-mutuel wagering

and breeding law, and at the election of the New York Jockey Injury

Compensation Fund, Inc., with the approval of the New York state gaming

commission, an employee of a licensed trainer or owner, 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, exercise person or, if approved by the New

York state gaming commission, employee of a licensed trainer or owner

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, exercise person

or, if approved by the New York state gaming commission, employee of a

licensed trainer or owner 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.