§ 18 — Notice of injury or death

New York § 18

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

Text

§ 18. Notice of injury or death. Notice of an injury or death for\nwhich compensation is payable under this chapter shall be given to the\nemployer within thirty days after the accident causing such injury, and\nalso in case of the death of the employee resulting from such injury,\nwithin thirty days after such death. Such notice may be given by any\nperson claiming to be entitled to compensation, or by some one in his\nbehalf. The notice shall be in writing, and contain the name and address\nof the employee, and state in ordinary language the time, place, nature\nand cause of the injury, and be signed by him or by a person on his\nbehalf or, in case of death, by any one or more of his dependents, or by\na person, on their behalf. It shall be given to the employer by\ndelivering it to him or sending it by mail, by registered letter,\naddressed to the employer at his or its last known place of business;\nprovided that, if the employer be a partnership then such notice may be\nso given to any one of the partners, and if the employer be a\ncorporation, then such notice may be given to any agent or officer\nthereof upon whom legal process may be served, or any agent in charge of\nhis business in the place where the injury occurred. The failure to give\nnotice of injury or notice of death unless excused by the board either\non the ground that notice for some sufficient reason could not have been\ngiven, or on the ground that the employer, or his or its agents in\ncharge of the business in the place where the accident occurred or\nhaving immediate supervision of the employee to whom the accident\nhappened, had knowledge of the accident or death, or on the ground that\nthe employer has not been prejudiced thereby, shall be a bar to any\nclaim under this chapter, but the employer and the insurance carrier\nshall be deemed to have waived such notice unless the objection to the\nfailure to give such notice or the insufficiency thereof, is raised\nbefore the board on the first hearing of the claim field by such injured\nemployee, or his or her dependents at which all parties in interest are\npresent, or represented, and at which the claimant, or principal\nbeneficiary, testifies.\n