This text of New York § 41 (Claim for benefits) 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.
§ 41. Claim for benefits. The right to claim benefits under this\nchapter shall be barred, except as hereinafter provided, unless within\ntwo years after the injury, or, if death results therefrom, within two\nyears after such death, a claim for the benefits under this chapter\nshall be filed with the chairperson of the workers' compensation board\nand a copy of such claim shall be filed with the same officer to whom a\nnotice of injury must be given under section forty of this chapter. The\nright of a volunteer firefighter or his or her dependents to claim\nbenefits under this chapter for disablement or death, as the case may\nbe, caused by disease shall not be barred by the failure of the\nvolunteer firefighter or his or her dependents to file a claim within\neither such period of two
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§ 41. Claim for benefits. The right to claim benefits under this\nchapter shall be barred, except as hereinafter provided, unless within\ntwo years after the injury, or, if death results therefrom, within two\nyears after such death, a claim for the benefits under this chapter\nshall be filed with the chairperson of the workers' compensation board\nand a copy of such claim shall be filed with the same officer to whom a\nnotice of injury must be given under section forty of this chapter. The\nright of a volunteer firefighter or his or her dependents to claim\nbenefits under this chapter for disablement or death, as the case may\nbe, caused by disease shall not be barred by the failure of the\nvolunteer firefighter or his or her dependents to file a claim within\neither such period of two years, provided such claim shall be filed\nafter either such period of two years and within ninety days after\ndisablement or ninety days after knowledge that the disease is or was\ndue to service as a volunteer firefighter, whichever is the later date.\nThe claim shall be in substantially the same form and shall give\nsubstantially the same information as is required to be given in a claim\nunder the provisions of section twenty-eight of the workers'\ncompensation law. Notwithstanding the provisions of any other law, any\nsuch claim need not be sworn to, verified or acknowledged. No case in\nwhich an advance payment is made to a volunteer firefighter or to his or\nher dependents in case of death shall be barred by the failure of the\nvolunteer firefighter or his or her dependents to file a claim, and the\nworkers' compensation board may at any time order a hearing on any such\ncase in the same manner as though a claim for benefits had been filed.\n The date of injury caused by disease shall be the date of contracture\nof such disease as determined by the workers' compensation board on the\nhearing of the claim and the responsibility of the political subdivision\nliable for the payment of benefits and its insurance carrier shall be\nfixed by the date of injury as so determined.\n