N.Y. Laws » CHAPTER Workers' Compensation / ARTICLE Miscellaneous Provisions
New York Consolidated Laws

N.Y. Workers' Compensation Law § 114 (2026)

Penalties for fraudulent practices

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 114. Penalties for fraudulent practices. 1. Any person who,
knowingly and with intent to defraud presents, causes to be presented,
or prepares with knowledge or belief that it will be presented to or by
an insurer or purported insurer, or any agent thereof, any written
statement as part of, or in support of, an application for the issuance
of or the rating of an insurance policy for compensation insurance, or a
claim for payment or other benefit pursuant to a compensation policy
which he or she knows to: (i) contain a false statement or
representation concerning any fact material thereto; or (ii) omits any
fact material thereto, shall be guilty of a class E felony. Upon
conviction, the court in addition to any other authorized sentence, may
order forfeiture of all rights to compensation or payments of any
benefit, and may also require restitution of any amount received as a
result of a violation of this subdivision.
  2. An employer or carrier, or any employee, agent, or person acting on
behalf of an employer or carrier, who knowingly makes a false statement
or representation as to a material fact in the course of reporting,
investigation of, or adjusting a claim for any benefit or payment under
this chapter for the purpose of avoiding provision of such payment or
benefit shall be guilty of a class E felony.
  3. A person who knowingly makes a false statement or representation as
to a material fact for the purpose of obtaining, maintaining or renewing
insurance under this chapter, whether for himself or herself or for any
other person or entity or for the purpose of evading the requirements of
section fifty of this chapter shall be guilty of a class E felony. In
addition to any other remedy, the carrier providing insurance shall be
entitled to restitution of any amount obtained or withheld as a result
of a violation of this subdivision.
  4. Consistent with the provisions of the criminal procedure law, in
any prosecution alleging a violation of subdivision one, two or three of
this section, or sections fifty-two and one hundred thirty-one of this
chapter, in which the act or acts alleged may also constitute a
violation of the penal or other law, the prosecuting official may charge
a person pursuant to the provisions of this section and in the same
accusatory instrument with a violation of such other law.
  5. A person (a) who is convicted of a second or subsequent offense
under this section within ten years of the prior conviction, or (b) who
violates any provision of this section concerning two or more claimants,
shall be guilty of a class D felony.
Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 2010–2025 · leading case: Matter of Sanchez v. US Concrete, 194 A.D.3d 1287 (N.Y. App. Div. 3d Dep't 2021).
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Matter of Sanchez v. US Concrete, 194 A.D.3d 1287 (N.Y. App. Div. 3d Dep't 2021). · cites it 2× “ever, insofar as the Board had rescinded the finding of a Workers' Compensation Law § 114-a violation in the July 2019 WCLJ decision, the Board exercised its continuing jurisdiction pursuant to Workers' Compensation Law § 123 to modify the October 2019 WCLJ decision by…”
Shehata v. Salvation Army, 225 P.3d 1106 (Alaska 2010). “Srat § 44-5,120(d)(4)(B) (2000); N.Y. Workers' Comp. Law § 114 (1) (McKinney 2006).”
Matter of Williams v. New York City Dept. of Corr., 188 A.D.3d 1382 (N.Y. App. Div. 3d Dep't 2020). “Appeal from a decision of the Workers' Compensation Board, filed August 1, 2019, which ruled that claimant violated Workers' Compensation Law § 114—a and imposed a penalty.”
Matter of Young v. Acranom Masonary Inc., 193 A.D.3d 1315 (N.Y. App. Div. 3d Dep't 2021). “The Board, noting that it is "common practice" for a Workers' Compensation Law Judge to direct a claimant to report a return to work to the Board and the carrier, found that claimant's failure to disclose his return to work and cashing the compensation checks while performing…”
Matter of Kornreich v. Elmont Glass Co., Inc., 194 A.D.3d 1322 (N.Y. App. Div. 3d Dep't 2021). “"Whether a claimant has violated Workers' Compensation Law § 114—a is within the province of the Board, which is the sole arbiter of witness credibility, and its decision will not be disturbed if supported by substantial evidence" ( Matter of Felicello v Marlboro Cent.”
Berry v. Marchinkowski, 137 F. Supp. 3d 495 (S.D.N.Y. 2015). “35 , and (3) committing a fraudulent practice, in violation of N.Y. Workers Compensation Law § 114 (3). (Marchinkowski’s 56.”
Matter of Ledney v. Boat-N-RV Warehouse, 174 A.D.3d 1245 (N.Y. App. Div. 3d Dep't 2019). · cites it 2× “Appeal from a decision of the Workers' Compensation Board, filed January 16, 2018, which ruled, among other things, that claimant violated Workers' Compensation Law § 114—a and disqualified him from receiving future indemnity benefits.”
People v. Jia Xi Liu, 243 A.D.3d 923 (N.Y. App. Div. 2d Dep't 2025). · cites it 2× “), rendered September 27, 2023, convicting him of criminally negligent homicide, criminal mischief in the fourth degree (two counts), offering a false instrument for filing in the first degree (two counts), fraudulent practices in violation of Workers' Compensation Law § 114(3),…”
Matter of McAndrews v. Buffalo Sewer Auth., 171 A.D.3d 1426 (N.Y. App. Div. 3d Dep't 2019). “The Board agreed, finding no need for further development of the record and that the carrier had been properly limited to issues of causation and prevented from delving into matters that were precluded.”
Matter of Hamling, 206 A.D.3d 1219 (N.Y. App. Div. 3d Dep't 2022). “Footnotes Footnote 1: Respondent entered his guilty plea at the same time that counsel for Affinity entered that company's guilty plea to the class E felony of penalties for fraudulent practices ( see Workers' Compensation Law § 114 [3]) for, among other things, knowingly and…”
N.Y. Workers' Compensation Law § 114(3): 1 case
People v. Jia Xi Liu, 243 A.D.3d 923 (N.Y. App. Div. 2d Dep't 2025). “), rendered September 27, 2023, convicting him of criminally negligent homicide, criminal mischief in the fourth degree (two counts), offering a false instrument for filing in the first degree (two counts), fraudulent practices in violation of Workers' Compensation Law § 114(3),…”
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