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0 chapters · 18 sections in this title.
N.Y. Employers' Liability Law § 1 Short title
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§ 1. Short title. This chapter shall be known as the "employers'\nliability law."\n
N.Y. Employers' Liability Law § 10 Amount of compensation; persons entitled; physical examination
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§ 10. Amount of compensation; persons entitled; physical examination.\nThe amount of compensation under the plan shall be: 1. In case death\nresults from injury:\n (a) If the employee leaves a widow or next of kin at the time of his\ndeath wholly dependent on his earnings, a sum…
N.Y. Employers' Liability Law § 11 Settlement of disputes
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§ 11. Settlement of disputes. Any question of law or fact arising in\nregard to the application of the plan in determining the compensation\npayable thereunder or otherwise shall be determined either by agreement\nor by arbitration, or by an action at law as herein provided. In …
N.Y. Employers' Liability Law § 12 Preferential claim; not assignable or subject to attachment; attorney's fees
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§ 12. Preferential claim; not assignable or subject to attachment;\nattorney's fees. Any person entitled to weekly payments under the plan\nagainst any employer shall have the same preferential claim therefor\nagainst the assets of the employer as now allowed by law for a claim …
N.Y. Employers' Liability Law § 13 Cancellation of consent
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§ 13. Cancellation of consent. When a consent to the plan shall have\nbeen filed in the office of the county clerk as herein provided, it\nshall be binding upon both parties thereto as long as the relation of\nemployer and employee exists between the parties, and expire at the e…
N.Y. Employers' Liability Law § 14 Reports of compensation plan
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§ 14. Reports of compensation plan. Each employer who shall sign with\nany employee a consent to the plan shall, within thirty days thereafter,\nfile with the industrial commission a statement thereof, signed by such\nemployer, which shall show (a) the name of the employer and h…
N.Y. Employers' Liability Law § 15 Reports by employer
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§ 15. Reports by employer. Each employer of labor in this state who\nshall have entered into the plan with any employee shall, on or before\nthe first day of January, nineteen hundred and eleven, and thereafter\nand at such times as may be required by the industrial commission, …
N.Y. Employers' Liability Law § 16 Laws repealed
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§ 16. Laws repealed. Of the laws enumerated in the schedule hereto\nannexed, that portion specified in the last column is hereby repealed.\n
N.Y. Employers' Liability Law § 17 Construction
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§ 17. Construction. The provisions of this chapter shall be construed\nas a continuation of the provisions of sections two hundred to two\nhundred and four of chapter thirty-six of the laws of nineteen hundred\nand nine, as amended by chapter three hundred and fifty-two of the l…
N.Y. Employers' Liability Law § 18 This act shall take effect immediately
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§ 18. This act shall take effect immediately.\n
N.Y. Employers' Liability Law § 2 Employers' liability for injuries
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§ 2. Employers' liability for injuries. When personal injury is caused\nto an employee who is himself in the exercise of due care and diligence\nat the time:\n 1. By reason of any defect in the condition of the ways, works,\nmachinery, or plant, connected with or used in the bus…
N.Y. Employers' Liability Law § 3 Notice to be served
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§ 3. Notice to be served. No action for recovery of compensation for\ninjury or death under this article shall be maintained unless notice of\nthe time, place and cause of the injury is given to the employer within\none hundred and twenty days and the action is commenced within …
N.Y. Employers' Liability Law § 4 Assumption of risks; contributory negligence, when a question of fact
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§ 4. Assumption of risks; contributory negligence, when a question of\nfact. An employee by entering upon or continuing in the service of the\nemployer shall be presumed to have assented to the necessary risks of\nthe occupation or employment and no others. The necessary risks o…
N.Y. Employers' Liability Law § 5 Trial; burden of proof
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§ 5. Trial; burden of proof. On the trial of any action brought by an\nemployee or his personal representative to recover damages for\nnegligence arising out of and in the course of such employment,\ncontributory negligence of the injured employee shall be a defense to be\nso pl…
N.Y. Employers' Liability Law § 6 Defense; insurance fund
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§ 6. Defense; insurance fund. An employer who shall have contributed\nto an insurance fund created and maintained for the mutual purpose of\nindemnifying an employee for personal injuries, for which compensation\nmay be recovered under this article, or to any relief society or b…
N.Y. Employers' Liability Law § 7 Existing rights of action continued
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§ 7. Existing rights of action continued. Every right of action\nexisting on the seventeenth day of February, nineteen hundred and nine,\nfor negligence or to recover damages for injuries resulting in death is\ncontinued and nothing in this article contained shall be construed a…
N.Y. Employers' Liability Law § 8 Consent by employer and employee to compensation plan
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§ 8. Consent by employer and employee to compensation plan. When and\nif any employer in this state and any of his employees shall consent to\nthe compensation plan described in sections nine to fifteen, inclusive,\nof this article, hereinafter referred to as the plan, and shall…
N.Y. Employers' Liability Law § 9 Liability to pay compensation; notice of accident
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§ 9. Liability to pay compensation; notice of accident. If personal\ninjury by accident arising out of and in the course of the employment is\ncaused to the employee, the employer shall, subject as hereinafter\nmentioned, be liable to pay compensation under the plan at the rates…