New York Employers' Liability Law Section 9 - Liability To Pay Compensation; Notice Of Accident.

Legal Research Home > New York Lawyer > Employers' Liability > New York Employers' Liability Law Section 9 - Liability To Pay Compensation; Notice Of Accident.

    § 9.  Liability  to pay compensation; notice of accident. If personal
  injury by accident arising out of and in the course of the employment is
  caused to the employee,  the  employer  shall,  subject  as  hereinafter
  mentioned, be liable to pay compensation under the plan at the rates set
  out in section ten of this article: provided that the employer shall not
  be  liable  in respect of any injury which does not disable the employee
  for a period of at least two weeks from earning full wages at  the  work
  at  which  he was employed, and that the employer shall not be liable in
  respect of any injury to the employee which is caused by the serious and
  willful misconduct of that employee. No proceedings for  recovery  under
  the  plan  provided  hereby  shall  be  maintained  unless notice of the
  accident has been given to the employer as soon as practicable after the
  happening thereof and before  the  employee  has  voluntarily  left  the
  employment  in  which  he  was  injured  and during such disability, and
  unless claim for compensation with respect to the accident has been made
  within six months from the occurrence of the accident, or in the case of
  death of the employee, or  in  the  event  of  his  physical  or  mental
  incapacity  within  six  months  after  such  death  or  removal of such
  physical or mental incapacity, or in event  that  weekly  payments  have
  been  made  under  the  plan, within six months after such payments have
  ceased; but no want of or defect or inaccuracy of a notice  shall  be  a
  bar to the maintenance of proceedings under the plan unless the employer
  proves  that he is prejudiced by said want, defect or inaccuracy. Notice
  of the accident shall apprise the employer of the claim for compensation
  under this plan and shall state the name and  address  of  the  employee
  injured,  the  date and place of the accident and in simple language the
  cause thereof. The notice may be served personally or by sending  it  by
  mail  in a registered letter addressed to the employer at his last known
  residence or place of business.

Last modified: July 31, 2006