Magnifying Glass
Back to Workers' Compensation Daily Headlines

Temporary Payments in New York

22 May, 2025 Frank Ferreri

                               
Compliance Corner

Let's say an employer in New York wants to do the right thing and make sure that an injured worker gets the workers' compensation benefits that she deserves but isn't exactly sure whether benefits will be due or not?

As Simply Research subscribers know, Empire State law allows for temporary payments without an admission of liability. Here's a look at that rule

No Liability Admitted

In any instance in which an employer is unsure of the extent of its liability for a claim for compensation by an injured employee pursuant to this chapter, such employer may initiate compensation payments and payments for medical treatment and care, including prescribed medicine and continue such payments for one year, without prejudice and without admitting liability, in accordance with a notice of temporary payment of compensation, on a form prescribed by the board.

Notice Rules

The notice of temporary payment of compensation shall be delivered to the injured employee and the board. Such notice shall notify the injured employee that the temporary payment of compensation and medical treatment and care, including prescribed medicine shall not be deemed to be an admission of liability by the employer for the injury or injuries to the employee. The board, upon receipt of a notice of temporary payment of compensation, shall send a notice to the injured employee stating that:

(1) The board has received a notice of temporary payment of compensation relating to such injured employee.

(2) The payment of temporary compensation and medical treatment and care, including prescribed medicine and the injured employee's acceptance of such temporary compensation and medical treatment and care, including prescribed medicine shall not be an admission of liability by the employer, nor prejudice the claim of the injured employee.

(3) The payment of temporary compensation and medical treatment and care, including prescribed medicine shall terminate on the elapse of one year, or the employer's contesting of the injured employee's claim for compensation and medical treatment and care, including prescribed medicine, or the board determination of the injured employee's claim, whichever is first.

(4) The injured employee may be required to enter into an agreement with the employer to ensure the continuation of payments of temporary compensation and medical treatment and care, including prescribed medicine.

Stopping Temporary Payments

An employer may cease making temporary payments of compensation and medical treatment and care, including prescribed medicine if such employer delivers within five days after the last payment, to the injured employee and the board, a notice of termination of temporary payments of compensation on a form prescribed by the board.

Such notice shall inform the injured employee that the employer is ceasing temporary payment of compensation and medical treatment and care, including prescribed medicine. Upon the cessation of temporary payments of compensation and medical treatment and care, including prescribed medicine, all parties to any action shall retain all rights, defenses and obligations they would otherwise have pursuant to this chapter without regard for the temporary payment of compensation and medical treatment and care, including prescribed medicine.

Failure to Provide Notice

The failure of an employer to provide the notice of termination, within one year of the commencement of temporary payment of compensation shall be deemed to be an admission of liability by the employer and the notice of temporary payment of compensation shall be converted to a notice of compensation
payable.

  • AI california case law case management case management focus claims compensability compliance courts covid do you know the rule exclusive remedy florida FMLA glossary check Healthcare health care hr homeroom insurance insurers iowa leadership leadership link medical NCCI new jersey new york ohio osha pennsylvania roadmap Safety state info technology texas violence WDYT what do you think women's history women's history month workcompcollege workers' comp 101 workers' recovery Workplace Safety Workplace Violence

    • Read Also

    What are the New Rules in Washington for Noncooperation?

    Compliance Corner Starting in July, the State of Washington has updated rules for when a worker doesn't cooperate with a self-insurer or the state department. Simply Research subscribers have access to those rules, which are […]
    What does ‘Agriculture’ Mean under Oklahoma Workers’ Compensation Law?

    Glossary Check If you know anything about Oklahoma, you know agriculture is a big deal there, so it's not surprising that the state's workers' compensation law would include definitions related to agriculture, something Simply Research […]
    Can Injured Janitor who Kept Working get PPD Benefits?

    What Do You Think? In Arkansas, depending on an injured worker's age, education, and experience, she may be entitled to permanent partial disability benefits in excess of her percentage of permanent physical impairment. A recent case […]

    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

    More by This Author

    What are the New Rules in Washington for Noncooperation?

    Compliance Corner Starting in July, the State of Washington has updated rules for when a worker doesn't cooperate with a self-insurer or the state department. Simply Research subscribers have access to those rules, which are […]
    What does ‘Agriculture’ Mean under Oklahoma Workers’ Compensation Law?

    Glossary Check If you know anything about Oklahoma, you know agriculture is a big deal there, so it's not surprising that the state's workers' compensation law would include definitions related to agriculture, something Simply Research […]
    Mo. Top Court Cuts Rail Worker’s Award to $9 Million after Double Leg Amputation

    Case File A railroad worker fell on to the tracks while trying to board a moving train when he bumped in a sign that was too close under state law, but the trial court erred […]

    Read More

    What are the New Rules in Washington for Noncooperation?

    Compliance Corner Starting in July, the State of Washington has updated rules for when a worker doesn't cooperate with a self-insurer or the state department. Simply Research subscribers have access to those rules, which are […]
    What does ‘Agriculture’ Mean under Oklahoma Workers’ Compensation Law?

    Glossary Check If you know anything about Oklahoma, you know agriculture is a big deal there, so it's not surprising that the state's workers' compensation law would include definitions related to agriculture, something Simply Research […]
    Can Injured Janitor who Kept Working get PPD Benefits?

    What Do You Think? In Arkansas, depending on an injured worker's age, education, and experience, she may be entitled to permanent partial disability benefits in excess of her percentage of permanent physical impairment. A recent case […]
    Mo. Top Court Cuts Rail Worker’s Award to $9 Million after Double Leg Amputation

    Case File A railroad worker fell on to the tracks while trying to board a moving train when he bumped in a sign that was too close under state law, but the trial court erred […]
    PRCA Response to Chriss Swaney Rodeo Article

    Our Chriss Swaney wrote about the risks rodeo participants face on the job. Here is the Professional Rodeo Cowboy Association's response. Chriss, Your May 4 article about rodeo injuries contained several points that were false […]
    Responsibility for Payment of Workers’ Compensation Claims in Oregon

    Compliance Corner When an injured worker in Oregon has a compensable injury, what should employers know about payment? Simply Research has that info, but we highlight it here. New Injuries When a worker sustains a […]