N.Y. Workers' Compensation Law Section 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 Public Health Law § 3002 (New York state emergency medical services council)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.

(a) 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 and community supervision or other person employed by the state to work within a correctional facility maintained by the department of corrections and community supervision, 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.

(b)

Where a police officer or firefighter subject to § 30 (Revenues or benefits from other sources not to affect compensation)section thirty of this article, or emergency medical technician, paramedic, or other person certified to provide medical care in emergencies, or emergency dispatcher files a claim for mental injury premised upon extraordinary work-related stress incurred in a work-related emergency, the board may not disallow the claim, upon a factual finding that the stress was not greater than that which usually occurs in the normal work environment.

4.

Any person incarcerated upon conviction of a felony shall be deemed ineligible for all benefits provided under this chapter. All those whose benefits have ceased by operation of this section, may apply to the board for benefits upon their release from custody pursuant to regulation of the board.

Source: Section 10 — Liability for compensation, https://www.­nysenate.­gov/legislation/laws/WKC/10 (updated Apr. 21, 2017; accessed Oct. 26, 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
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Accessed:
Oct. 26, 2024

Last modified:
Apr. 21, 2017

§ 10’s source at nysenate​.gov

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