2023 New York Laws
WKC - Workers' Compensation
Article 2 - Compensation
10 - Liability for Compensation.

§  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.  (a)  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.
  (b) Where a police officer or firefighter subject to section thirty of
this  article,  or  emergency  medical  technician,  paramedic, or other
person certified to provide medical care in  emergencies,  or  emergency
dispatcher  files  a claim for mental injury premised upon extraordinary
work-related stress incurred in a work-related emergency, the board  may
not  disallow  the claim, upon a factual finding that the stress was not
greater than that which usually occurs in the normal work environment.
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.