2006 New York Code - Notice Of Injury Or Death.



 
    §  18.  Notice  of  injury  or death. Notice of an injury or death for
  which compensation is payable under this chapter shall be given  to  the
  employer  within thirty days after the accident causing such injury, and
  also in case of the death of the employee resulting  from  such  injury,
  within  thirty  days  after  such death. Such notice may be given by any
  person claiming to be entitled to compensation, or by some  one  in  his
  behalf. The notice shall be in writing, and contain the name and address
  of  the employee, and state in ordinary language the time, place, nature
  and cause of the injury, and 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.  It  shall  be  given  to the employer by
  delivering it to him or  sending  it  by  mail,  by  registered  letter,
  addressed  to  the  employer at his or its last known place of business;
  provided that, if the employer be a partnership then such notice may  be
  so  given  to  any  one  of  the  partners,  and  if  the  employer be a
  corporation, then such notice may be  given  to  any  agent  or  officer
  thereof upon whom legal process may be served, or any agent in charge of
  his business in the place where the injury occurred. The failure to give
  notice  of  injury or notice of death unless excused by the board either
  on the ground that notice for some sufficient reason could not have been
  given, or on the ground that the employer,  or  his  or  its  agents  in
  charge  of  the  business  in  the  place where the accident occurred or
  having immediate supervision  of  the  employee  to  whom  the  accident
  happened,  had knowledge of the accident or death, or on the ground that
  the employer has not been prejudiced thereby, shall  be  a  bar  to  any
  claim  under  this  chapter,  but the employer and the insurance carrier
  shall be deemed to have waived such notice unless the objection  to  the
  failure  to  give  such  notice  or the insufficiency thereof, is raised
  before the board on the first hearing of the claim field by such injured
  employee, or his or her dependents at which all parties in interest  are
  present,  or  represented,  and  at  which  the  claimant,  or principal
  beneficiary, testifies.

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