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New York Workers' Compensation Law Section 10 - Liability For Compensation.

Legal Research Home > New York Lawyer > Workers' Compensation > New York Workers' Compensation Law Section 10 - Liability For Compensation.

    § 10.  Liability  for compensation. 1. Every employer subject to this
  chapter shall in accordance  with  this  chapter,  except  as  otherwise
  provided  in  section  twenty-five-a  hereof, secure compensation to his
  employees and pay or provide compensation for their disability or  death
  from  injury  arising out of and in the course of the employment without
  regard to fault as a cause of the injury, except that there shall be  no
  liability  for  compensation under this chapter when the injury has been
  solely occasioned by intoxication from alcohol or a controlled substance
  of the injured employee while on duty; or by  wilful  intention  of  the
  injured  employee  to  bring  about  the  injury  or death of himself or
  another; or where the injury was sustained in  or  caused  by  voluntary
  participation  in an off-duty athletic activity not constituting part of
  the employee's work related duties unless the employer (a) requires  the
  employee  to  participate in such activity, (b) compensates the employee
  for participating  in  such  activity  or  (c)  otherwise  sponsors  the
  activity.
    2.  Notwithstanding  any  other  provisions of this chapter, an injury
  incurred by an individual currently employed  as  an  emergency  medical
  technician  or an advanced emergency medical technician who is certified
  pursuant to section three thousand two of the public health  law,  while
  voluntarily  and  without expectation of monetary compensation rendering
  medical assistance at the scene of an accident shall be deemed  to  have
  arisen  out  of  and in the course of the employment with that emergency
  medical technician or advanced emergency  medical  technician's  current
  employer.
    3.  Notwithstanding  any  other  provisions  of  this chapter, where a
  public safety worker,  including  but  not  limited  to  a  firefighter,
  emergency   medical  technician,  police  officer,  correction  officer,
  civilian employee of the  department  of  corrections  or  other  person
  employed  by the state to work within a correctional facility maintained
  by the department of correctional services, driver and medical observer,
  in the course of performing his or her duties, is exposed to  the  blood
  or  other  bodily  fluids  of  another  individual  or  individuals, the
  executive officer of the appropriate ambulance, fire or police  district
  may  authorize  such  public  safety  worker  to  obtain  the  care  and
  treatment, including diagnosis, recommended medicine and  other  medical
  care  needed  to  ascertain  whether  such  individual was exposed to or
  contracted any communicable disease and such care and treatment shall be
  the  responsibility  of  the  insurance  carrier  of   the   appropriate
  ambulance, fire or police district or, if a public safety worker was not
  so  exposed  in  the  course  of performing his or her duties for such a
  district, then such person shall be covered for the  treatment  provided
  for  in this subdivision by the carrier of his or her employer when such
  person is acting in the scope of his or her employment. For the  purpose
  of  this  subdivision,  the  term  "public  safety worker" shall include
  persons who act for payment or who act as  volunteers  in  an  organized
  group  such as a rescue squad, police department, correctional facility,
  ambulance corps, fire department, or fire company.

Last modified: July 31, 2006