NY Emp Liab L § 10 (2021)
2021 New York Laws EML - Employers' Liability Article 2 - Employers' Liability. 10 - Amount of Compensation; Persons Entitled; Physical Examination.

§  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  earnings  of the employee at the rate at which he was being paid by the employer at the time of the accident, but not more  in any  event  than  three thousand dollars. Any weekly payments previously made under the plan  shall  be  deducted  in  ascertaining  such  amount payable on death.  (b) If  such  widow  or  next  of  kin or any of them are in part only dependent upon his earnings, such sum not  exceeding  that  provided  in subdivision a as may be determined to be reasonable and proportionate to the injury to such dependents.  (c) If  he leaves no widow, or next of kin so dependent in whole or in part, the reasonable expenses of his medical attendance and burial,  not exceeding  one  hundred  dollars.  Whatever  sum may be determined to be payable under the plan, in case of death of the injured employee,  shall be  paid to his legal representative for the benefit of such dependents, or if he leaves no such dependents, for the benefit  of  the  person  to whom the expenses of medical attendance and burial are due.   2. Where   total  or  partial  incapacity  for  work  at  any  gainful employment results to the employee from the  injury,  a  weekly  payment commencing at the end of the second week after the injury and continuing during  incapacity,  subject as herein provided, not exceeding fifty per centum of his average weekly earnings when at work on full  time  during the  preceding year during which he shall have been in the employment of the same employer, or if he shall have been employed less than  a  year, then  a  weekly  payment  of not exceeding three times the average daily earnings on full time for such less period.   In fixing the amount of the weekly payment, regard shall be had to any payment, allowance or benefit which the workman may have  received  from the  employer  during  the  period of his incapacity, and in the case of partial incapacity the weekly  payment  shall  in  no  case  exceed  the difference  between  the  amount  of  the average weekly earnings of the workman before the accident and the average amount which he  is  earning or  is  able  to  earn in some suitable employment or business after the accident, but shall amount to one-half of such difference. In  no  event shall  any  weekly payment payable under the plan exceed ten dollars per week or extend over more than eight years from the date of the accident. Any person entitled  to  receive  weekly  payments  under  the  plan  is required,   if   requested  by  the  employer,  to  submit  himself  for examination by a duly qualified medical practitioner or surgeon provided and paid for by the employer, at a time and place reasonably  convenient for the employee, within three weeks after the injury, and thereafter at intervals  not oftener than once in six weeks. If the workman refuses so to submit, or obstructs the same, his right to weekly payments shall  be suspended  until  such  examination  shall  have  taken  place,  and  no compensation shall be payable under the plan during such period. In case an injured employee shall be mentally incompetent at the time  when  any right  or  privilege  accrues  to  him  under  the  plan, a committee or guardian of the incompetent, appointed pursuant to law, may,  on  behalf of such incompetent, claim and exercise any such right or privilege with the  same force and effect as if the employee himself had been competent and had claimed or  exercised  any  such  right  or  privilege;  and  no limitation  of  time  herein  provided  for  shall  run  so long as said incompetent employee has no committee or guardian. In  case  an  injured employee  shall  be under a substantial impairment within the meaning of  the conservatorship provisions of article seventy-seven  of  the  mental hygiene law at the time when any property right accrues to him under the plan,  a  conservator, appointed pursuant to law, may, on behalf of such conservatee,  claim  and exercise any property right with the same force and effect as if the employee had been capable of managing  his  affairs and  had  claimed  such right; and no limitation of time herein provided shall run so long as said employee has no conservator.