This text of New York § 40 (Notice of injury or death) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 40. Notice of injury or death. Notice of an injury or death for\nwhich benefits are to be paid or provided under this chapter shall be\ngiven to the political subdivision or the volunteer ambulance company\nliable for the payment thereof within ninety days after such injury or\ndeath except that such notice need not be given if a claim is filed\npursuant to section forty-one of this article within ninety days after\nsuch injury or death. Either such notice may be given by any person\nclaiming to be entitled to such benefits or by someone in his behalf.\nThe notice shall be in writing, shall contain the name and address of\nthe volunteer ambulance worker, and state in ordinary language the time,\nplace, nature and cause of the injury and shall be signed by him or by a\nperson on his beh
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§ 40. Notice of injury or death. Notice of an injury or death for\nwhich benefits are to be paid or provided under this chapter shall be\ngiven to the political subdivision or the volunteer ambulance company\nliable for the payment thereof within ninety days after such injury or\ndeath except that such notice need not be given if a claim is filed\npursuant to section forty-one of this article within ninety days after\nsuch injury or death. Either such notice may be given by any person\nclaiming to be entitled to such benefits or by someone in his behalf.\nThe notice shall be in writing, shall contain the name and address of\nthe volunteer ambulance worker, and state in ordinary language the time,\nplace, nature and cause of the injury and shall be signed by him or by a\nperson on his behalf or, in case of death, by any one or more of his\ndependents, or by a person on their behalf. The notice shall be given to\nthe clerk of the board of supervisors of the county, the comptroller or\nchief financial officer of the city, the town clerk of the town, the\nclerk of the village, the secretary of the ambulance district or the\nvolunteer ambulance company, as the case may be, by delivering it to\nsuch officer or by registered letter properly addressed to such officer.\nThe failure to give notice of injury or notice of death shall be a bar\nto any claim under this chapter unless such failure is excused by the\nworkers' compensation board on any of the following grounds, (1) that\nfor some sufficient reason the notice could not have been given, (2)\nthat a member of a body in charge of, or any officer of, the ambulance\ndistrict or ambulance company had knowledge within such ninety-day\nperiod of the injuries or death, (3) that the political subdivision, or\nits insurance carrier had not been prejudiced by a delay in giving such\nnotice, or (4) that the cause of disablement or death was not known to\nbe the result of service performed in line of duty as a volunteer\nambulance worker in sufficient time to comply with the provisions of\nthis section.\n