N.Y. Workers' Compensation Law Section 18
Notice of injury or death


Notice of an injury or death for which compensation is payable under this chapter shall be given to the employer within thirty days after the accident causing such injury, and also in case of the death of the employee resulting from such injury, within thirty days after such death. Such notice may be given by any person claiming to be entitled to compensation, or by some one in his behalf. The notice shall be in writing, and contain the name and address of the employee, and state in ordinary language the time, place, nature and cause of the injury, and be signed by him or by a person on his behalf or, in case of death, by any one or more of his dependents, or by a person, on their behalf. It shall be given to the employer by delivering it to him or sending it by mail, by registered letter, addressed to the employer at his or its last known place of business; provided that, if the employer be a partnership then such notice may be so given to any one of the partners, and if the employer be a corporation, then such notice may be given to any agent or officer thereof upon whom legal process may be served, or any agent in charge of his business in the place where the injury occurred. The failure to give notice of injury or notice of death unless excused by the board either on the ground that notice for some sufficient reason could not have been given, or on the ground that the employer, or his or its agents in charge of the business in the place where the accident occurred or having immediate supervision of the employee to whom the accident happened, had knowledge of the accident or death, or on the ground that the employer has not been prejudiced thereby, shall be a bar to any claim under this chapter, but the employer and the insurance carrier shall be deemed to have waived such notice unless the objection to the failure to give such notice or the insufficiency thereof, is raised before the board on the first hearing of the claim field by such injured employee, or his or her dependents at which all parties in interest are present, or represented, and at which the claimant, or principal beneficiary, testifies.

Source: Section 18 — Notice of injury or death, https://www.­nysenate.­gov/legislation/laws/WKC/18 (updated Sep. 22, 2014; accessed Apr. 13, 2024).

9
Definitions
10
Liability for compensation
11
Alternative remedy
12
Compensation not allowed for first seven days
13
Treatment and care of injured employees
13–A
Selection of authorized physician by employee
13–AA
Medical appeals unit
13–B
Authorization of providers, medical bureaus and laboratories by the chair
13–C
Licensing of compensation medical bureaus and laboratories
13–D
Removal of providers from lists of those authorized to render medical care or to conduct independent medical examinations
13–E
Revocation of licenses of compensation medical bureaus and laboratories
13–F
Payment of medical fees
13–G
Payment of bills for medical care
13–H
Ombudsman for injured workers
13–I
Solicitation prohibited
13–J
Medical or surgical treatment by insurance carriers and employers
13–K
Care and treatment of injured employees by duly licensed podiatrists
13–L
Care and treatment of injured employees by duly licensed chiropractors
13–M
Care and treatment of injured employees by duly licensed psychologists
13–N
Mandatory registration of entities which derive income from independent medical examinations
13–O
Pharmaceutical fee schedule
13–P
Comprehensive prescription drug formulary
14
Weekly wages basis of compensation
14–A
Double compensation and death benefits when minors illegally employed
15
Schedule in case of disability
15–A
Assessment on insolvent group self-insured trusts
16
Death benefits
16–A
Death benefits due to diesel exposure
17
Noncitizens
17–A
Limited English proficiency
18
Notice of injury or death
18–A
Notice: The New York Jockey Injury Compensation Fund, Inc
18–B
Notice
18–C
Independent livery bases
19
Physical examination
19–A
Physicians not to accept fees from carriers
19–B
Treatment by physicians in employ of board
19–C
Actions against health services personnel
20
Determination of claims for compensation
21
Presumptions
21–A
Temporary payment of compensation
22
Modification of awards, decisions or orders
23
Appeals
23–A
Mistakes, defects and irregularities
24
Costs and fees
24–A
Representation before the workers’ compensation board
25
Compensation, how payable
25–A
Procedure and payment of compensation in certain claims
25–B
Awards to non-residents: Non-resident compensation fund
26
Enforcement of payment in default
26–A
Procedure and payment of compensation in claims against uninsured defaulting employers
27
Depositing future payments in the aggregate trust fund
27–A
Investments in obligations of designated public benefit corporations
27–B
Amortization of gains or losses
27–C
Appropriations to the aggregate trust fund
28
Limitation of right to compensation
29
Remedies of employees
30
Revenues or benefits from other sources not to affect compensation
31
Agreement for contribution by employee void
32
Waiver agreements
32–A
Waivers of specific coverage prohibited
33
Assignments
34
Preferences
35
Safety net

Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 18’s source at nysenate​.gov

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