State Codes and Statutes

Statutes > New-york > Eml > Article-2 > 2

§ 2. Employers' liability for injuries. When personal injury is caused  to  an employee who is himself in the exercise of due care and diligence  at the time:    1. By reason of any defect  in  the  condition  of  the  ways,  works,  machinery,  or  plant,  connected  with  or  used in the business of the  employer which arose from or had not been discovered or  remedied  owing  to the negligence of the employer or of any person in the service of the  employer  and  intrusted  by  him with the duty of seeing that the ways,  works, machinery, or plant, were in proper condition;    2. By reason of the negligence of any person in  the  service  of  the  employer  intrusted  with  any  superintendence  or  by  reason  of  the  negligence of any person intrusted with authority to direct, control  or  command  any  employee  in the performance of the duty of such employee,  the employee, or in case the injury results in death,  the  executor  or  administrator  of  a  deceased  employee  who  has  left him surviving a  husband, wife or next of kin, shall have the same right of  compensation  and  remedies  against  the  employer as if the employee had not been an  employee of nor in the service of the employer nor engaged in his  work.  The  provisions  of  law  relating  to  actions  for  causing  death  by  negligence, so far as the same are consistent with this act, shall apply  to an action brought by an  executor  or  administrator  of  a  deceased  employee,  suing  under  the  provisions of this article. If an employer  enters  into  a  contract,  written  or  verbal,  with  an   independent  contractor  to  do  part  of such employer's work, or if such contractor  enters into a contract with a subcontractor to do all or any part of the  work comprised in such contractor's contract  with  the  employer,  such  contract  or subcontract shall not bar the liability of the employer for  the injuries to the  employees  of  such  contractor  or  subcontractor,  caused  by any defect in the condition of the ways, works, machinery, or  plant, if they are the property of the employer or are furnished by him,  and if such defect arose,  or  had  not  been  discovered  or  remedied,  through  the  negligence of the employer, or of some person intrusted by  him with the duty of seeing that they were in proper condition.

State Codes and Statutes

Statutes > New-york > Eml > Article-2 > 2

§ 2. Employers' liability for injuries. When personal injury is caused  to  an employee who is himself in the exercise of due care and diligence  at the time:    1. By reason of any defect  in  the  condition  of  the  ways,  works,  machinery,  or  plant,  connected  with  or  used in the business of the  employer which arose from or had not been discovered or  remedied  owing  to the negligence of the employer or of any person in the service of the  employer  and  intrusted  by  him with the duty of seeing that the ways,  works, machinery, or plant, were in proper condition;    2. By reason of the negligence of any person in  the  service  of  the  employer  intrusted  with  any  superintendence  or  by  reason  of  the  negligence of any person intrusted with authority to direct, control  or  command  any  employee  in the performance of the duty of such employee,  the employee, or in case the injury results in death,  the  executor  or  administrator  of  a  deceased  employee  who  has  left him surviving a  husband, wife or next of kin, shall have the same right of  compensation  and  remedies  against  the  employer as if the employee had not been an  employee of nor in the service of the employer nor engaged in his  work.  The  provisions  of  law  relating  to  actions  for  causing  death  by  negligence, so far as the same are consistent with this act, shall apply  to an action brought by an  executor  or  administrator  of  a  deceased  employee,  suing  under  the  provisions of this article. If an employer  enters  into  a  contract,  written  or  verbal,  with  an   independent  contractor  to  do  part  of such employer's work, or if such contractor  enters into a contract with a subcontractor to do all or any part of the  work comprised in such contractor's contract  with  the  employer,  such  contract  or subcontract shall not bar the liability of the employer for  the injuries to the  employees  of  such  contractor  or  subcontractor,  caused  by any defect in the condition of the ways, works, machinery, or  plant, if they are the property of the employer or are furnished by him,  and if such defect arose,  or  had  not  been  discovered  or  remedied,  through  the  negligence of the employer, or of some person intrusted by  him with the duty of seeing that they were in proper condition.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eml > Article-2 > 2

§ 2. Employers' liability for injuries. When personal injury is caused  to  an employee who is himself in the exercise of due care and diligence  at the time:    1. By reason of any defect  in  the  condition  of  the  ways,  works,  machinery,  or  plant,  connected  with  or  used in the business of the  employer which arose from or had not been discovered or  remedied  owing  to the negligence of the employer or of any person in the service of the  employer  and  intrusted  by  him with the duty of seeing that the ways,  works, machinery, or plant, were in proper condition;    2. By reason of the negligence of any person in  the  service  of  the  employer  intrusted  with  any  superintendence  or  by  reason  of  the  negligence of any person intrusted with authority to direct, control  or  command  any  employee  in the performance of the duty of such employee,  the employee, or in case the injury results in death,  the  executor  or  administrator  of  a  deceased  employee  who  has  left him surviving a  husband, wife or next of kin, shall have the same right of  compensation  and  remedies  against  the  employer as if the employee had not been an  employee of nor in the service of the employer nor engaged in his  work.  The  provisions  of  law  relating  to  actions  for  causing  death  by  negligence, so far as the same are consistent with this act, shall apply  to an action brought by an  executor  or  administrator  of  a  deceased  employee,  suing  under  the  provisions of this article. If an employer  enters  into  a  contract,  written  or  verbal,  with  an   independent  contractor  to  do  part  of such employer's work, or if such contractor  enters into a contract with a subcontractor to do all or any part of the  work comprised in such contractor's contract  with  the  employer,  such  contract  or subcontract shall not bar the liability of the employer for  the injuries to the  employees  of  such  contractor  or  subcontractor,  caused  by any defect in the condition of the ways, works, machinery, or  plant, if they are the property of the employer or are furnished by him,  and if such defect arose,  or  had  not  been  discovered  or  remedied,  through  the  negligence of the employer, or of some person intrusted by  him with the duty of seeing that they were in proper condition.