2013 New York Consolidated Laws
WKC - Workers' Compensation
Article 2 - (9 - 35) COMPENSATION
10 - Liability for compensation.


NY Work Comp L § 10 (2012) What's This?
 
    §  10.  Liability  for compensation. 1. Every employer subject to this
  chapter shall in accordance  with  this  chapter,  except  as  otherwise
  provided  in  section  twenty-five-a  hereof, secure compensation to his
  employees and pay or provide compensation for their disability or  death
  from  injury  arising out of and in the course of the employment without
  regard to fault as a cause of the injury, except that there shall be  no
  liability  for  compensation under this chapter when the injury has been
  solely occasioned by intoxication from alcohol or a controlled substance
  of the injured employee while on duty; or by  wilful  intention  of  the
  injured  employee  to  bring  about  the  injury  or death of himself or
  another; or where the injury was sustained in  or  caused  by  voluntary
  participation  in an off-duty athletic activity not constituting part of
  the employee's work related duties unless the employer (a) requires  the
  employee  to  participate in such activity, (b) compensates the employee
  for participating  in  such  activity  or  (c)  otherwise  sponsors  the
  activity.
    2.  Notwithstanding  any  other  provisions of this chapter, an injury
  incurred by an individual currently employed  as  an  emergency  medical
  technician  or an advanced emergency medical technician who is certified
  pursuant to section three thousand two of the public health  law,  while
  voluntarily  and  without expectation of monetary compensation rendering
  medical assistance at the scene of an accident shall be deemed  to  have
  arisen  out  of  and in the course of the employment with that emergency
  medical technician or advanced emergency  medical  technician's  current
  employer.
    3.  Notwithstanding  any  other  provisions  of  this chapter, where a
  public safety worker,  including  but  not  limited  to  a  firefighter,
  emergency   medical  technician,  police  officer,  correction  officer,
  civilian  employee  of  the  department  of  corrections  and  community
  supervision  or  other  person  employed  by  the state to work within a
  correctional facility maintained by the department  of  corrections  and
  community  supervision,  driver  and  medical observer, in the course of
  performing his or her duties, is exposed to the blood  or  other  bodily
  fluids  of  another  individual or individuals, the executive officer of
  the appropriate ambulance, fire or police district  may  authorize  such
  public  safety  worker  to  obtain  the  care  and  treatment, including
  diagnosis,  recommended  medicine  and  other  medical  care  needed  to
  ascertain  whether  such  individual  was  exposed  to or contracted any
  communicable  disease  and  such  care  and  treatment  shall   be   the
  responsibility  of  the  insurance carrier of the appropriate ambulance,
  fire or police district or, if a public safety worker was not so exposed
  in the course of performing his or her duties for such a district,  then
  such  person  shall  be  covered  for the treatment provided for in this
  subdivision by the carrier of his or her employer when  such  person  is
  acting  in  the  scope of his or her employment. For the purpose of this
  subdivision, the term "public safety worker" shall include  persons  who
  act for payment or who act as volunteers in an organized group such as a
  rescue squad, police department, correctional facility, ambulance corps,
  fire department, or fire company.
    4. Any person incarcerated upon conviction of a felony shall be deemed
  ineligible for all benefits provided under this chapter. All those whose
  benefits  have  ceased  by  operation  of this section, may apply to the
  board  for  benefits  upon  their  release  from  custody  pursuant   to
  regulation of the board.

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