§ 10 — Liability for compensation

New York § 10

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 2: Compensation

Text

§ 10. Liability for compensation. 1. Every employer subject to this\nchapter shall in accordance with this chapter, except as otherwise\nprovided in section twenty-five-a hereof, secure compensation to his\nemployees and pay or provide compensation for their disability or death\nfrom injury arising out of and in the course of the employment without\nregard to fault as a cause of the injury, except that there shall be no\nliability for compensation under this chapter when the injury has been\nsolely occasioned by intoxication from alcohol or a controlled substance\nof the injured employee while on duty; or by wilful intention of the\ninjured employee to bring about the injury or death of himself or\nanother; or where the injury was sustained in or caused by voluntary\nparticipation in an off-duty athletic activity not constituting part of\nthe employee's work related duties unless the employer (a) requires the\nemployee to participate in such activity, (b) compensates the employee\nfor participating in such activity or (c) otherwise sponsors the\nactivity.\n 2. Notwithstanding any other provisions of this chapter, an injury\nincurred by an individual currently employed as an emergency medical\ntechnician or an advanced emergency medical technician who is certified\npursuant to section three thousand two of the public health law, while\nvoluntarily and without expectation of monetary compensation rendering\nmedical assistance at the scene of an accident shall be deemed to have\narisen out of and in the course of the employment with that emergency\nmedical technician or advanced emergency medical technician's current\nemployer.\n 3. (a) Notwithstanding any other provisions of this chapter, where a\npublic safety worker, including but not limited to a firefighter,\nemergency medical technician, police officer, correction officer,\ncivilian employee of the department of corrections and community\nsupervision or other person employed by the state to work within a\ncorrectional facility maintained by the department of corrections and\ncommunity supervision, driver and medical observer, in the course of\nperforming his or her duties, is exposed to the blood or other bodily\nfluids of another individual or individuals, the executive officer of\nthe appropriate ambulance, fire or police district may authorize such\npublic safety worker to obtain the care and treatment, including\ndiagnosis, recommended medicine and other medical care needed to\nascertain whether such individual was exposed to or contracted any\ncommunicable disease and such care and treatment shall be the\nresponsibility of the insurance carrier of the appropriate ambulance,\nfire or police district or, if a public safety worker was not so exposed\nin the course of performing his or her duties for such a district, then\nsuch person shall be covered for the treatment provided for in this\nsubdivision by the carrier of his or her employer when such person is\nacting in the scope of his or her employment. For the purpose of this\nsubdivision, the term "public safety worker" shall include persons who\nact for payment or who act as volunteers in an organized group such as a\nrescue squad, police department, correctional facility, ambulance corps,\nfire department, or fire company.\n (b) Where a police officer or firefighter subject to section thirty of\nthis article, or emergency medical technician, paramedic, or other\nperson certified to provide medical care in emergencies, or emergency\ndispatcher files a claim for mental injury premised upon extraordinary\nwork-related stress incurred in a work-related emergency, the board may\nnot disallow the claim upon a factual finding that the stress was not\ngreater than that which usually occurs in the normal work environment.\n (c) The board may not disallow a claim by a covered employee upon a\nfactual finding that the stress was not greater than that which usually\noccurs in the normal work environment where a claim for post-traumatic\nstress disorder (PTSD), acute stress disorder or major depressive\ndisorder resulting from work-related stress is filed upon submission of\nmedical evidence based on the criteria contained in the version of the\nDiagnostic and Statistical Manual of Mental Disorders in effect on the\ndate of accident, or as otherwise adopted by the board, provided that\nsuch adoption shall be no more stringent than the current or immediately\npreceding version of the Diagnostic and Statistical Manual of Mental\nDisorders. Such covered employee must demonstrate that such disorder\narose out of extraordinary work-related stress attributable to a\ndistinct work-related event or events directly related to the employment\nand occurring during the performance of the employee's job duties.\n (d) Nothing in paragraphs (b) and (c) of this subdivision shall apply\nto a claim for mental injury due to a work-related physical injury.\n 4. Any person incarcerated upon conviction of a felony shall be deemed\nineligible for all benefits provided under this chapter. All those whose\nbenefits have ceased by operation of this section, may apply to the\nboard for benefits upon their release from custody pursuant to\nregulation of the board.\n