N.Y. EML Law § 10 — New York Code / Act EML / Article 2 / Section 10
Amount of compensation; persons entitled; physical examination
Status: in_force

§ 10. Amount of compensation; persons entitled; physical examination.\nThe amount of compensation under the plan shall be: 1. In case death\nresults from injury:\n  (a) If the employee leaves a widow or next of kin at the time of his\ndeath wholly dependent on his earnings, a sum equal to twelve hundred\ntimes the daily earnings of the employee at the rate at which he was\nbeing paid by the employer at the time of the accident, but not more in\nany event than three thousand dollars. Any weekly payments previously\nmade under the plan shall be deducted in ascertaining such amount\npayable on death.\n  (b) If such widow or next of kin or any of them are in part only\ndependent upon his earnings, such sum not exceeding that provided in\nsubdivision a as may be determined to be reasonable and proportionate to\nthe injury to such dependents.\n  (c) If he leaves no widow, or next of kin so dependent in whole or in\npart, the reasonable expenses of his medical attendance and burial, not\nexceeding one hundred dollars. Whatever sum may be determined to be\npayable under the plan, in case of death of the injured employee, shall\nbe paid to his legal representative for the benefit of such dependents,\nor if he leaves no such dependents, for the benefit of the person to\nwhom the expenses of medical attendance and burial are due.\n  2. Where total or partial incapacity for work at any gainful\nemployment results to the employee from the injury, a weekly payment\ncommencing at the end of the second week after the injury and continuing\nduring incapacity, subject as herein provided, not exceeding fifty per\ncentum of his average weekly earnings when at work on full time during\nthe preceding year during which he shall have been in the employment of\nthe same employer, or if he shall have been employed less than a year,\nthen a weekly payment of not exceeding three times the average daily\nearnings on full time for such less period.\n  In fixing the amount of the weekly payment, regard shall be had to any\npayment, allowance or benefit which the workman may have received from\nthe employer during the period of his incapacity, and in the case of\npartial incapacity the weekly payment shall in no case exceed the\ndifference between the amount of the average weekly earnings of the\nworkman before the accident and the average amount which he is earning\nor is able to earn in some suitable employment or business after the\naccident, but shall amount to one-half of such difference. In no event\nshall any weekly payment payable under the plan exceed ten dollars per\nweek or extend over more than eight years from the date of the accident.\nAny person entitled to receive weekly payments under the plan is\nrequired, if requested by the employer, to submit himself for\nexamination by a duly qualified medical practitioner or surgeon provided\nand paid for by the employer, at a time and place reasonably convenient\nfor the employee, within three weeks after the injury, and thereafter at\nintervals not oftener than once in six weeks. If the workman refuses so\nto submit, or obstructs the same, his right to weekly payments shall be\nsuspended until such examination shall have taken place, and no\ncompensation shall be payable under the plan during such period. In case\nan injured employee shall be mentally incompetent at the time when any\nright or privilege accrues to him under the plan, a committee or\nguardian of the incompetent, appointed pursuant to law, may, on behalf\nof such incompetent, claim and exercise any such right or privilege with\nthe same force and effect as if the employee himself had been competent\nand had claimed or exercised any such right or privilege; and no\nlimitation of time herein provided for shall run so long as said\nincompetent employee has no committee or guardian. In case an injured\nemployee shall be under a substantial impairment within the meaning of\nthe conservatorship provisions of article seventy-seven of the mental\nhygiene law at the time when any property right accrues to him under the\nplan, a conservator, appointed pursuant to law, may, on behalf of such\nconservatee, claim and exercise any property right with the same force\nand effect as if the employee had been capable of managing his affairs\nand had claimed such right; and no limitation of time herein provided\nshall run so long as said employee has no conservator.\n