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New York City · Through Local Law 2026/135 (enacted August 31, 2026)

N.Y.C. Admin. Code § 12-127: § 12-127 City employees injured in course of duty.

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Where this section sits in the code
  1. New York City Administrative Code
  2. Title 12
  3. Chapter 1: Officers and Employees

a. Any member of the uniformed forces of the fire or police departments or any person employed in the department of sanitation in the sanitation service classification of the classified civil service who shall be injured while actually employed in the discharge of police orders of his or her superior officers in the police station, fire house or sanitation section station, as the case may be, or as the result of illness traceable directly to the performance of police, fire or sanitation duty, as the case may be, or any employee of the department of parks, general services, ports and terminals or environmental protection or a person employed by the police commissioner as a school crossing guard who shall be injured while actually employed in the discharge of duty, shall be received by any hospital for care and treatment when such facts are certified to by the head of the department. Unless otherwise provided in this section, such members shall be received by any hospital at the usual ward patient rates. The bill for such care and treatment at such rates, when certified by the superintendent or other person in charge of such hospital and approved by the head of the department concerned, shall be paid by the city.

b. Any member of the uniformed forces of the fire or police department or any person employed in the department of sanitation in the sanitation service classification of the classified civil service or a person employed by the police commissioner as a school crossing guard who, while in the actual performance of duty, and by reason of the performance of such duty and without fault or misconduct on his or her part, shall receive injuries to an extent which may endanger his or her life, shall be received by any hospital for care and treatment, and shall be afforded such medical or surgical care and hospitalization as may be ordered by the chief medical officer of the respective departments in conformity with the provisions of this section. Such medical officer shall forthwith notify the comptroller of the care and hospitalization so ordered. The rate charged for such care and hospitalization for such member or such person shall not exceed the rate charged any person in receipt of an income equal to the salary of such member or of such person for the same accommodations. The comptroller and the heads of the departments affected shall make necessary rules and regulations to carry out the provisions of this section. Upon certification by the chief medical officer of the department concerned, the bill for such care and hospitalization, when certified by the superintendent or other person in charge of the hospital and approved by the head of the department concerned, shall be paid by the city. Notwithstanding any provision of law to the contrary, a provider of medical treatment or hospital care furnished pursuant to the provisions of this section shall not collect or attempt to collect reimbursement for such treatment or care from any such city employee.

c. (1)

Definitions. For purposes of this subdivision, the term "occupational disease" has the same meaning as such term is defined in section 2 of the workers' compensation law.

(2) Each agency shall keep a record of, and shall, as soon as practicable, transmit to the law department, any workers' compensation claim filed by an employee, the subject of which concerns an injury sustained in the course of duty while such employee was employed at such agency. Such record shall include, but not be limited to, the following data:

(i) the name of the agency where such employee worked;

(ii) such employee's title;

(iii) the date such employee or the city filed such claim with the appropriate office of the state of New York, if any;

(iv) the date the city began to make payment for such claim, or the date such claim was established by the appropriate state office and the date the city began to make payment for such claim pursuant to such establishment, if any;

(v) the date such injury occurred or occupational disease was contracted;

(vi) the location at which such injury occurred or occupational disease was contracted;

(vii) the nature of such injury or occupational disease, including, but not limited to, the circumstances, the type or diagnosis and a description of how such injury occurred or such occupational disease was contracted;

(viii) the length of time such employee is unable to work due to such injury or occupational disease, if any;

(ix) whether the employee was given modified assignment(s) or was transferred because of such injury or occupational disease and whether such employee suffered a loss of income or diminution of fringe benefits as a result of such transfer or modification; and

(x) a list of any expenses paid as a result of such claim, including, but not limited to, expenses relating to wage replacement, medical costs, administrative costs and any penalties.

(3) Each agency shall collect and report to the law department, no later than February 15 of the year following the reporting year, the following information:

(i) the number of persons employed by such agency as of December 31 of the reporting year;

(ii) the number of persons employed in each job title as of December 31 of the reporting year;

(iii) the total, average and median number of days of lost time due to workers' compensation injuries within each job title;

(iv) the total amount of wages and workers' compensation paid for disability to injured persons within each job title;

(v) the total amount of medical expenses paid for diagnosis and treatment of injuries and occupational diseases suffered by persons within each job title;

(vi) the number and nature of injuries and occupational diseases suffered by agency employees within each job title;

(vii) the causal factor and nature of the injuries and occupational diseases suffered by agency employees as reported in subparagraph (vi) of this paragraph by category, including, but not limited to, lifting, assault, repetitive stress, infectious pathogen and chemical exposure;

(viii) the average and median number of days between the onset of disability as measured by the first day of lost time and the first date of payment; and

(ix) the total number of workers' compensation claims.

(4) The mayor, in coordination with the law department, shall ensure that an annual report is prepared utilizing the data received from each city agency pursuant to paragraphs (2) and (3) of this subdivision. Such report shall be transmitted to the department of records and information services pursuant to section 1133 of the charter, the mayor, the comptroller, the public advocate and the speaker of the council by the first day of May, covering the previous calendar year. Such report shall include, but not be limited to:

(i) an analysis, with respect to each agency included in the report, of expenses paid as a result of workers' compensation claims, including, but not limited to, expenses relating to wage replacement, medical costs, administrative costs and any penalties paid by an agency;

(ii) a list by agency of the cause, job title, number and cost of workers' compensation claims;

(iii) a list of the occurrence of specific claims for each agency and for the city as a whole;

(iv) a list of the specific sites where injuries occurred or where occupational diseases were contracted for each agency and for the city as a whole;

(v) a ten-year comparison of data compiled pursuant to this paragraph; and

(vi) all data collected pursuant to paragraphs (2) and (3) of this subdivision.

(5) The law department may take appropriate steps to ensure the collection and reporting of information required pursuant to paragraphs (2) and (3) of this subdivision shall not violate any applicable federal, state or local law relating to privacy or confidentiality including, but not limited to, the confidentiality requirements of section 110-a of the workers' compensation law.

(6) Each agency shall develop and implement an annual accident and illness prevention program designed to reduce injuries and illnesses identified in the report required pursuant to paragraph (4) of this subdivision. A listing and description of these programs shall be included in the annual report required by paragraph (4) of this subdivision and made available at each agency.

(7) No later than 90 days after submission of the report required pursuant to paragraph (4) of this subdivision, the mayor shall submit to the comptroller, the public advocate and the speaker a report on steps the city will take to develop programs to mitigate injury and illness based on the data collected pursuant to paragraphs (2) and (3) of this subdivision.

Collected 2026-09-06T02:48:57Z. Source file · JSON

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