An employer or insurance carrier must issue payment of an award within 10 calendar days of the filing of the decision directing the awards. This timeframe applies to all types of decisions directing awards. These include a Notice of Decision from a hearing, Reserved Decision, Proposed Decision (when it becomes final), Notice of Section 32 Approval, Notice of Stipulated Decision, and a Board Panel Decision.
If the payment is not made within the required timeframe, the employer or carrier will be subject to a penalty, which equals 20% of the unpaid award, plus $50.00. The 20% penalty is paid to claimant or his dependents, and the $50.00 is paid to the state treasury. This is directed by NY WCL §25-3(f).
If the carrier does not issue payment of an installment of ongoing compensation – that is, ongoing weekly benefits – within 25 days of it being due, the penalty is 20% of the amount due, as well as $300, both payable to the claimant. This is directed by NY WCL §25(1)(e). Continue reading Friday F.A.Q: “What is the timeframe for timely payment of an award, and what happens if the payment is late?”