§ 39 — Right to compensation

New York § 39

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 3: Occupational Diseases

Text

§ 39. Right to compensation. If an employee is disabled or dies and\nhis disability or death is caused by one of the diseases mentioned in\nsubdivision two of section three, and the disease is due to the nature\nof the corresponding employment as described in such subdivision in\nwhich such employee was engaged and was contracted therein, he or his\ndependents shall be entitled to compensation for the duration of his\ndisablement or for his death in accordance with the provisions of\narticles two and three of this chapter, provided, however, that if it\nshall be determined that an employee so disabled is able to earn wages\nat another occupation which shall be neither unhealthful nor injurious,\nand such wages do not equal his full wages prior to the date of his\ndisablement, the compensation payable shall be computed pursuant to the\nprovisions of article two of this chapter.\n