2006 New York Code - 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.