New York · statute · N.Y. Employers' Liability Law · 22 active provisions
CHAP. 121 AN ACT in relation to employers' liability, constituting chapter seventy-four of the consolidated laws. Became a law March 28, 192l, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAPTER SEVE…
ARTICLE 1. SHORT TITLE. Section 1. Short title.
§ 1. Short title. This chapter shall be known as the "employers' liability law."
ARTICLE 2. EMPLOYERS' LIABILITY. Section 2. Employers' liability for injuries. 3. Notice to be served. 4. Assumption of risks; contributory negligence, when a question of fact. 5. Trial; burden of proof. 6. Defense; insurance fund. 7. Existing rights of action continued. 8. Consent by employer and employee to compensat…
§ 2. Employers' liability for injuries. When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had…
§ 3. Notice to be served. No action for recovery of compensation for injury or death under this article shall be maintained unless notice of the time, place and cause of the injury is given to the employer within one hundred and twenty days and the action is commenced within one year after the occurrence of the acciden…
§ 4. Assumption of risks; contributory negligence, when a question of fact. An employee by entering upon or continuing in the service of the employer shall be presumed to have assented to the necessary risks of the occupation or employment and no others. The necessary risks of the occupation or employment shall, in all…
§ 5. Trial; burden of proof. On the trial of any action brought by an employee or his personal representative to recover damages for negligence arising out of and in the course of such employment, contributory negligence of the injured employee shall be a defense to be so pleaded and proved by the defendant.
§ 6. Defense; insurance fund. An employer who shall have contributed to an insurance fund created and maintained for the mutual purpose of indemnifying an employee for personal injuries, for which compensation may be recovered under this article, or to any relief society or benefit fund created under the laws of this s…
§ 7. Existing rights of action continued. Every right of action existing on the seventeenth day of February, nineteen hundred and nine, for negligence or to recover damages for injuries resulting in death is continued and nothing in this article contained shall be construed as limiting any such right of action, nor sha…
§ 8. Consent by employer and employee to compensation plan. When and if any employer in this state and any of his employees shall consent to the compensation plan described in sections nine to fifteen, inclusive, of this article, hereinafter referred to as the plan, and shall signify their consent thereto in writing, s…
§ 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: pro…
§ 10. Amount of compensation; persons entitled; physical examination. The amount of compensation under the plan shall be: 1. In case death results from injury: (a) If the employee leaves a widow or next of kin at the time of his death wholly dependent on his earnings, a sum equal to twelve hundred times the daily earni…
§ 11. Settlement of disputes. Any question of law or fact arising in regard to the application of the plan in determining the compensation payable thereunder or otherwise shall be determined either by agreement or by arbitration, or by an action at law as herein provided. In case the employer shall be in default in any…
§ 12. Preferential claim; not assignable or subject to attachment; attorney's fees. Any person entitled to weekly payments under the plan against any employer shall have the same preferential claim therefor against the assets of the employer as now allowed by law for a claim by such person against such employer for unp…
§ 13. Cancellation of consent. When a consent to the plan shall have been filed in the office of the county clerk as herein provided, it shall be binding upon both parties thereto as long as the relation of employer and employee exists between the parties, and expire at the end of such employment, but it may at any tim…
§ 14. Reports of compensation plan. Each employer who shall sign with any employee a consent to the plan shall, within thirty days thereafter, file with the industrial commission a statement thereof, signed by such employer, which shall show (a) the name of the employer and his post-office address, (b) the name of the…
§ 15. Reports by employer. Each employer of labor in this state who shall have entered into the plan with any employee shall, on or before the first day of January, nineteen hundred and eleven, and thereafter and at such times as may be required by the industrial commission, make a report to such commission of all amou…
ARTICLE 3. LAWS REPEALED; CONSTRUCTION; WHEN TO TAKE EFFECT. Section 16. Laws repealed. 17. Construction. 18. When to take effect.
§ 16. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed.
§ 17. Construction. The provisions of this chapter shall be construed as a continuation of the provisions of sections two hundred to two hundred and four of chapter thirty-six of the laws of nineteen hundred and nine, as amended by chapter three hundred and fifty-two of the laws of nineteen hundred and ten, and not as…
§ 18. This act shall take effect immediately.