2006 New York Code - Notice Of Injury Or Death.



 
    § 40. Notice  of  injury  or  death.  Notice of an injury or death for
  which benefits are to be paid or provided under this  chapter  shall  be
  given to the political subdivision liable for the payment thereof within
  ninety  days after such injury or death except that such notice need not
  be given if a claim is filed  pursuant  to  section  forty-one  of  this
  chapter  within  ninety  days  after  such  injury or death. Either such
  notice may be given by any  person  claiming  to  be  entitled  to  such
  benefits  or  by someone in his behalf.  The notice shall be in writing,
  shall contain the name and address of the volunteer fireman,  and  state
  in ordinary language the time, place, nature and cause of the injury and
  shall  be  signed  by  him  or  by a person on his behalf or, in case of
  death, by any one or more of his dependents, or by  a  person  on  their
  behalf.  The  notice  shall  be  given  to  the  clerk  of  the board of
  supervisors of the county, the comptroller or chief financial officer of
  the city, the town clerk of the town, the clerk of the  village  or  the
  secretary  of the fire district, as the case may be, by delivering it to
  such officer or by registered letter properly addressed to such officer.
  The failure to give notice of injury or notice of death shall be  a  bar
  to  any  claim  under this chapter unless such failure is excused by the
  workmen's compensation board on any of the following grounds,  (1)  that
  for  some  sufficient  reason  the notice could not have been given, (2)
  that a member of a body in charge  of,  or  any  officer  of,  the  fire
  department  or  fire company had knowledge within such ninety-day period
  of the injuries or death, (3) that the  political  subdivision,  or  its
  insurance  carrier  had  not  been  prejudiced by a delay in giving such
  notice, or (4) that the cause of disablement or death was not  known  to
  be  the  result  of  service  performed  in  line of duty as a volunteer
  fireman in sufficient  time  to  comply  with  the  provisions  of  this
  section.

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