§ 56 — Subcontractors

New York § 56

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 4: Security For Compensation

Text

§ 56. Subcontractors. A contractor, the subject of whose contract is,\ninvolves or includes a hazardous employment, who subcontracts all or any\npart of such contract shall, in any case of injury or death to any\nemployee, arising out of and in the course of such hazardous employment,\nbe liable for and pay compensation to such employee or persons entitled\nto compensation on the death of such employee, and in any such case of\ninjury or death where the employer of such employee would be required to\nmake payments into the special funds provided by subdivisions eight and\nnine of section fifteen and subdivision three of section twenty-five-a,\nthe contractor or, if insured, his insurance carrier shall be liable for\nand pay into such special funds the amounts required by such\nsubdivisions eight and nine of section fifteen and subdivision three of\nsection twenty-five-a to be paid by such employer; unless the\nsubcontractor primarily liable for such compensation or payments into\nsuch special funds has secured compensation therefor as provided in this\nchapter.\n Any contractor, or his insurance carrier, who shall, under the\nprovisions of this section, become liable for such compensation or\npayments into such special funds may recover the amount of such\ncompensation paid or payments made into such special funds from the\nsubcontractor primarily liable therefor. The claim for such recovery\nshall constitute a lien against any moneys due or to become due to the\nsubcontractor from such contractor. Such claim for recovery, however,\nshall not affect the right of such employee or persons entitled to\ncompensation on the death of such employee or the chairman from\nrecovering such compensation or payments into such special funds from\nthe contractor or his insurance carrier.\n Notwithstanding any other provision of this chapter, in any case of\ninjury or death to an executive officer of any corporation who at all\ntimes during the period involved owns all of the issued and outstanding\nstock of the corporation and holds all of the offices pursuant to\nparagraph (e) of section seven hundred fifteen of the business\ncorporation law or to a self-employed person or to a partner of a\npartnership as defined in section ten of the partnership law, the\ncontractor or, if insured, his insurance carrier shall not be liable for\nthe payment of compensation or medical expenses to or on behalf of such\nexecutive officer, self-employed person or partner of a partnership or\nto his surviving spouse, children and dependents as defined by section\nsixteen of this chapter solely because of the injury or death of such\nexecutive officer, self-employed person or partner.\n Notwithstanding any other provision of this chapter, in any case of\ninjury or death of any one of two executive officers of any corporation\nwho at all times during the period involved between them own all of the\nissued and outstanding stock of such corporation and hold all of such\noffices pursuant to paragraph (e) of section seven hundred fifteen of\nthe business corporation law provided, however, that each officer must\nown at least one share of stock, the contractor or, if insured, his\ninsurance carrier shall not be liable for the payment of compensation or\nmedical expenses to or on behalf of such executive officers or to their\nsurviving spouse, children and dependents as defined by section sixteen\nof this chapter solely because of the injury or death of any such\nexecutive officers.\n An owner of timber other than farm lands, who contracts with another\nto carry on or perform work or service in connection therewith, which\nwork or service is, involves or includes a hazardous employment, shall\nfor the purposes of this section be deemed a contractor, and such other\na subcontractor.\n