New York
Pesticide Reporting Requirements
Region
New York
Required to Report
Yes
What to Report
Any Pesticide-Related Exposure
State Office
Department of Health, Pesticide Poisoning Registry
Phone 1
1-800-322-6850
Timeframe to Report Injury or Exposure
48 Hours
Reporting Notes
The form for reporting pesticide exposures can be downloaded from https://commerce.health.state.ny.us/hpn/An informational pamphlet is available from: http://www.health.ny.gov/publications/2787.pdf
SENSOR partnership with NIOSH
Pesticide Poisoning Registry (funding and technical support from NIOSH): http://www.health.ny.gov/environmental/pests/pesticid.htm
Workers' Compensation
Coverage for Farmworkers
Required
Limitations
Employer must provide workers' compensation to employees for 12 months, starting April 1, if the farmer's total cash wage remuneration paid to all farm laborers during the preceding calendar year amounts to $1,200 or more.
Statute
N.Y. Workers' Comp. Law Chp. 67 § 3 (Group 14-b) (2011)
Coverage for Undocumented Workers
Yes
Case Law
Amoah v. Mallah Mgmt., LLC, 57 A.D.3d 29 (N.Y. App. Div. 2008) (finding that status as undocumented alien does not prohibit an award of workers' compensation benefits)
Benefits Available for Undocumented Workers
Undocumented workers are eligible for wage replacement benefits. Amoah v. Mallah Mgmt., LLC, 57, A.D.3d 29, 34 (N.Y. App. Div. 2008). However, undocumented workers cannot receive “additional compensation” for impairment of wage earning capacity, since they are unable to demonstrate legal immigration status, and thus, are ineligible for work in United States, and cannot participate in a rehabilitation program. Ramroopv. Flex-Craft Printing, Inc., 896 N.E.2d 69, 71-72 (N.Y. 2008).
State Workers’ Compensation Website
Online forms
Additional Information
Testa v. Sorrento Rest., Inc., 10 A.D.2d 133 (N.Y. App. Div 1960) (finding that worker was entitled to his workers' compensation award despite the fact that he entered country illegally)