N.Y. to appoint uninsured fund when comp insurer not identified
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New York lawmakers have passed a bill that would require the state’s workers compensation board to appoint the uninsured employers fund as the default insurer within 10 days of an injury or illness claim filing if the insurer cannot be determined.
A.B. 359, which passed the Senate in a 46-17 vote on Thursday and unanimously passed the Assembly in late May, would require the uninsured employers fund to commence payments for medical care for an injured worker if the employer’s workers comp insurer has not been identified and continue payments until the responsible insurer is determined. Currently, the law does not appoint a default insurer in such cases.
The bill would also require the board to immediately schedule a hearing to determine the identity of the responsible party and compensation for the claim, as well as provide notice of the claim and hearing to the employer by certified mail.
The legislation would take effect 60 days after being signed into law and apply to all claims filed on or after that date.
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