2010 New York Code
WKC - Workers' Compensation
Article 4 - (50 - 58) SECURITY FOR COMPENSATION
56 - Subcontractors.

§  56. Subcontractors. A contractor, the subject of whose contract is,
  involves or includes a hazardous employment, who subcontracts all or any
  part of such contract shall, in any case  of  injury  or  death  to  any
  employee, arising out of and in the course of such hazardous employment,
  be  liable for and pay compensation to such employee or persons entitled
  to compensation on the death of such employee, and in any such  case  of
  injury or death where the employer of such employee would be required to
  make  payments into the special funds provided by subdivisions eight and
  nine of section fifteen and subdivision three of section  twenty-five-a,
  the contractor or, if insured, his insurance carrier shall be liable for
  and   pay   into  such  special  funds  the  amounts  required  by  such
  subdivisions eight and nine of section fifteen and subdivision three  of
  section   twenty-five-a   to  be  paid  by  such  employer;  unless  the
  subcontractor primarily liable for such compensation  or  payments  into
  such special funds has secured compensation therefor as provided in this
  chapter.
    Any  contractor,  or  his  insurance  carrier,  who  shall,  under the
  provisions of this section,  become  liable  for  such  compensation  or
  payments  into  such  special  funds  may  recover  the  amount  of such
  compensation paid or payments made into  such  special  funds  from  the
  subcontractor  primarily  liable  therefor.  The claim for such recovery
  shall constitute a lien against any moneys due or to become due  to  the
  subcontractor  from  such  contractor. Such claim for recovery, however,
  shall not affect the right of  such  employee  or  persons  entitled  to
  compensation  on  the  death  of  such  employee  or  the  chairman from
  recovering such compensation or payments into such  special  funds  from
  the contractor or his insurance carrier.
    Notwithstanding  any  other  provision of this chapter, in any case of
  injury or death to an executive officer of any corporation  who  at  all
  times  during the period involved owns all of the issued and outstanding
  stock of the corporation and  holds  all  of  the  offices  pursuant  to
  paragraph   (e)  of  section  seven  hundred  fifteen  of  the  business
  corporation law or to a self-employed  person  or  to  a  partner  of  a
  partnership  as  defined  in  section  ten  of  the partnership law, the
  contractor or, if insured, his insurance carrier shall not be liable for
  the payment of compensation or medical expenses to or on behalf of  such
  executive  officer,  self-employed person or partner of a partnership or
  to his surviving spouse, children and dependents as defined  by  section
  sixteen  of  this  chapter solely because of the injury or death of such
  executive officer, self-employed person or partner.
    Notwithstanding any other provision of this chapter, in  any  case  of
  injury  or death of any one of two executive officers of any corporation
  who at all times during the period involved between them own all of  the
  issued  and  outstanding  stock of such corporation and hold all of such
  offices pursuant to paragraph (e) of section seven  hundred  fifteen  of
  the  business  corporation law provided, however, that each officer must
  own at least one share of stock, the  contractor  or,  if  insured,  his
  insurance carrier shall not be liable for the payment of compensation or
  medical  expenses to or on behalf of such executive officers or to their
  surviving spouse, children and dependents as defined by section  sixteen
  of  this  chapter  solely  because  of  the  injury or death of any such
  executive officers.
    An owner of timber other than farm lands, who contracts  with  another
  to  carry  on  or perform work or service in connection therewith, which
  work or service is, involves or includes a hazardous  employment,  shall
  for  the purposes of this section be deemed a contractor, and such other
  a subcontractor.