Remedies Available under Disability Benefits Law & Paid Family Leave Benefits Law
Economic Damages
For starters, pursuant to N.Y. Workers’ Comp. Law §§ 203-a, 120, a prevailing party may recover an amount equal to any lost compensation under both the Disability Benefits Law and Paid Family Benefits Law in a retaliation action.
Compensatory Damages
However, as under the New York Minimum Wage Act, there is no applicable statute under which an employee may recover compensatory damages under either the Disability Benefits Law or the Paid Family Benefits Law.
Punitive Damages
Similarly, there is no applicable statute through which an employee may recover punitive damages under both the Disability Benefits Law and the Paid Family Benefits Law.
Attorney’s Fees and Costs
Nonetheless, despite the unavailability of remedies such as compensatory and punitive damages, a party that prevails in a retaliation action may, pursuant to N.Y. Workers’ Comp. Law §§ 203-a, 120, recover allowances or costs incurred to pay for the services provided by a licensed representative or attorney. Normally, such allowances and costs are fixed by the Workers’ Compensation Board pursuant to this statute.
Further, pursuant to N.Y. Workers’ Comp. Law § 227(1), an employee is entitled to an order where a court apportions reasonable attorney’s costs and fees that were rendered in ensuring recovery, particularly in a subrogation action in which the individual sustained an injury through the act of a negligent third party but was entitled to disability benefits.
Additionally, pursuant to N.Y. Workers’ Comp. Law § 227(1), if the recovery was obtained from a third party, the employee is permitted to move to a court of competent jurisdiction and apply on notice to such lienor if no action was instituted or move to the court that instituted the third party’s action and seek an order for the court to apportion all necessary and reasonable costs, including attorney’s fees rendered in pursuing the recovery. In such cases, the expenditure would be apportioned between the lienor and the employee by the court serving the order.
Injunctive Relief
When it comes to this form of remedy, a court may order, pursuant to N.Y. Workers’ Comp. Law §§ 203-a, 120, a reinstatement in an action arising from an employer’s retaliation conduct.
“Other” Remedies
Lastly, it is crucial to note that a court may also impose “other” remedies under these laws. For instance, pursuant to N.Y. Workers’ Comp. Law § 220(1), a court may impose a 12-month imprisonment or a fine ranging between $100 and $2500, or both.
In Part V of the series and a blog post titled “Remedies Available Under New York State Employment Relations Act,” we will discuss the various remedies available under this law, which is a section of the U.S. Labor Relations Act (LRA), and as codified under N.Y. Lab. Law §§ 700 et seq.
As usual, stay tuned for more legal guidance, training, and education. In the meantime, if you have any questions or comments, please let us know on the Contact Us page!
Always Rising Above the Bar,
Isaac T.,
Legal Writer, Author, & Publisher.