NY Work Comp L § 56 (2021)
2021 New York Laws WKC - Workers' Compensation Article 4 - Security for Compensation 56 - Subcontractors.

§  56. Subcontractors. A contractor, the subject of whose contract is,   involves or includes a hazardous employment, who subcontracts all or any   part of such contract shall, in any case  of  injury  or  death  to  any   employee, arising out of and in the course of such hazardous employment,   be  liable for and pay compensation to such employee or persons entitled   to compensation on the death of such employee, and in any such  case  of   injury or death where the employer of such employee would be required to   make  payments into the special funds provided by subdivisions eight and   nine of section fifteen and subdivision three of section  twenty-five-a,   the contractor or, if insured, his insurance carrier shall be liable for   and   pay   into  such  special  funds  the  amounts  required  by  such   subdivisions eight and nine of section fifteen and subdivision three  of   section   twenty-five-a   to  be  paid  by  such  employer;  unless  the   subcontractor primarily liable for such compensation  or  payments  into   such special funds has secured compensation therefor as provided in this   chapter.Any  contractor,  or  his  insurance  carrier,  who  shall,  under the   provisions of this section,  become  liable  for  such  compensation  or   payments  into  such  special  funds  may  recover  the  amount  of such   compensation paid or payments made into  such  special  funds  from  the   subcontractor  primarily  liable  therefor.  The claim for such recovery   shall constitute a lien against any moneys due or to become due  to  the   subcontractor  from  such  contractor. Such claim for recovery, however,   shall not affect the right of  such  employee  or  persons  entitled  to   compensation  on  the  death  of  such  employee  or  the  chairman from   recovering such compensation or payments into such  special  funds  from   the contractor or his insurance carrier.Notwithstanding  any  other  provision of this chapter, in any case of   injury or death to an executive officer of any corporation  who  at  all   times  during the period involved owns all of the issued and outstanding   stock of the corporation and  holds  all  of  the  offices  pursuant  to   paragraph   (e)  of  section  seven  hundred  fifteen  of  the  business   corporation law or to a self-employed  person  or  to  a  partner  of  a   partnership  as  defined  in  section  ten  of  the partnership law, the   contractor or, if insured, his insurance carrier shall not be liable for   the payment of compensation or medical expenses to or on behalf of  such   executive  officer,  self-employed person or partner of a partnership or   to his surviving spouse, children and dependents as defined  by  section   sixteen  of  this  chapter solely because of the injury or death of such   executive officer, self-employed person or partner.Notwithstanding any other provision of this chapter, in  any  case  of   injury  or death of any one of two executive officers of any corporation   who at all times during the period involved between them own all of  the   issued  and  outstanding  stock of such corporation and hold all of such   offices pursuant to paragraph (e) of section seven  hundred  fifteen  of   the  business  corporation law provided, however, that each officer must   own at least one share of stock, the  contractor  or,  if  insured,  his   insurance carrier shall not be liable for the payment of compensation or   medical  expenses to or on behalf of such executive officers or to their   surviving spouse, children and dependents as defined by section  sixteen   of  this  chapter  solely  because  of  the  injury or death of any such   executive officers.An owner of timber other than farm lands, who contracts  with  another   to  carry  on  or perform work or service in connection therewith, which   work or service is, involves or includes a hazardous  employment,  shall   for  the purposes of this section be deemed a contractor, and such other   a subcontractor.