2023 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.