State Codes and Statutes

Statutes > New-york > Wkc > Article-2 > 10

§  10.  Liability  for compensation. 1. Every employer subject to this  chapter shall in accordance  with  this  chapter,  except  as  otherwise  provided  in  section  twenty-five-a  hereof, secure compensation to his  employees and pay or provide compensation for their disability or  death  from  injury  arising out of and in the course of the employment without  regard to fault as a cause of the injury, except that there shall be  no  liability  for  compensation under this chapter when the injury has been  solely occasioned by intoxication from alcohol or a controlled substance  of the injured employee while on duty; or by  wilful  intention  of  the  injured  employee  to  bring  about  the  injury  or death of himself or  another; or where the injury was sustained in  or  caused  by  voluntary  participation  in an off-duty athletic activity not constituting part of  the employee's work related duties unless the employer (a) requires  the  employee  to  participate in such activity, (b) compensates the employee  for participating  in  such  activity  or  (c)  otherwise  sponsors  the  activity.    2.  Notwithstanding  any  other  provisions of this chapter, an injury  incurred by an individual currently employed  as  an  emergency  medical  technician  or an advanced emergency medical technician who is certified  pursuant to section three thousand two of the public health  law,  while  voluntarily  and  without expectation of monetary compensation rendering  medical assistance at the scene of an accident shall be deemed  to  have  arisen  out  of  and in the course of the employment with that emergency  medical technician or advanced emergency  medical  technician's  current  employer.    3.  Notwithstanding  any  other  provisions  of  this chapter, where a  public safety worker,  including  but  not  limited  to  a  firefighter,  emergency   medical  technician,  police  officer,  correction  officer,  civilian employee of the  department  of  corrections  or  other  person  employed  by the state to work within a correctional facility maintained  by the department of correctional services, driver and medical observer,  in the course of performing his or her duties, is exposed to  the  blood  or  other  bodily  fluids  of  another  individual  or  individuals, the  executive officer of the appropriate ambulance, fire or police  district  may  authorize  such  public  safety  worker  to  obtain  the  care  and  treatment, including diagnosis, recommended medicine and  other  medical  care  needed  to  ascertain  whether  such  individual was exposed to or  contracted any communicable disease and such care and treatment shall be  the  responsibility  of  the  insurance  carrier  of   the   appropriate  ambulance, fire or police district or, if a public safety worker was not  so  exposed  in  the  course  of performing his or her duties for such a  district, then such person shall be covered for the  treatment  provided  for  in this subdivision by the carrier of his or her employer when such  person is acting in the scope of his or her employment. For the  purpose  of  this  subdivision,  the  term  "public  safety worker" shall include  persons who act for payment or who act as  volunteers  in  an  organized  group  such as a rescue squad, police department, correctional facility,  ambulance corps, fire department, or fire company.    4. Any person incarcerated upon conviction of a felony shall be deemed  ineligible for all benefits provided under this chapter. All those whose  benefits have ceased by operation of this  section,  may  apply  to  the  board   for  benefits  upon  their  release  from  custody  pursuant  to  regulation of the board.

State Codes and Statutes

Statutes > New-york > Wkc > Article-2 > 10

§  10.  Liability  for compensation. 1. Every employer subject to this  chapter shall in accordance  with  this  chapter,  except  as  otherwise  provided  in  section  twenty-five-a  hereof, secure compensation to his  employees and pay or provide compensation for their disability or  death  from  injury  arising out of and in the course of the employment without  regard to fault as a cause of the injury, except that there shall be  no  liability  for  compensation under this chapter when the injury has been  solely occasioned by intoxication from alcohol or a controlled substance  of the injured employee while on duty; or by  wilful  intention  of  the  injured  employee  to  bring  about  the  injury  or death of himself or  another; or where the injury was sustained in  or  caused  by  voluntary  participation  in an off-duty athletic activity not constituting part of  the employee's work related duties unless the employer (a) requires  the  employee  to  participate in such activity, (b) compensates the employee  for participating  in  such  activity  or  (c)  otherwise  sponsors  the  activity.    2.  Notwithstanding  any  other  provisions of this chapter, an injury  incurred by an individual currently employed  as  an  emergency  medical  technician  or an advanced emergency medical technician who is certified  pursuant to section three thousand two of the public health  law,  while  voluntarily  and  without expectation of monetary compensation rendering  medical assistance at the scene of an accident shall be deemed  to  have  arisen  out  of  and in the course of the employment with that emergency  medical technician or advanced emergency  medical  technician's  current  employer.    3.  Notwithstanding  any  other  provisions  of  this chapter, where a  public safety worker,  including  but  not  limited  to  a  firefighter,  emergency   medical  technician,  police  officer,  correction  officer,  civilian employee of the  department  of  corrections  or  other  person  employed  by the state to work within a correctional facility maintained  by the department of correctional services, driver and medical observer,  in the course of performing his or her duties, is exposed to  the  blood  or  other  bodily  fluids  of  another  individual  or  individuals, the  executive officer of the appropriate ambulance, fire or police  district  may  authorize  such  public  safety  worker  to  obtain  the  care  and  treatment, including diagnosis, recommended medicine and  other  medical  care  needed  to  ascertain  whether  such  individual was exposed to or  contracted any communicable disease and such care and treatment shall be  the  responsibility  of  the  insurance  carrier  of   the   appropriate  ambulance, fire or police district or, if a public safety worker was not  so  exposed  in  the  course  of performing his or her duties for such a  district, then such person shall be covered for the  treatment  provided  for  in this subdivision by the carrier of his or her employer when such  person is acting in the scope of his or her employment. For the  purpose  of  this  subdivision,  the  term  "public  safety worker" shall include  persons who act for payment or who act as  volunteers  in  an  organized  group  such as a rescue squad, police department, correctional facility,  ambulance corps, fire department, or fire company.    4. Any person incarcerated upon conviction of a felony shall be deemed  ineligible for all benefits provided under this chapter. All those whose  benefits have ceased by operation of this  section,  may  apply  to  the  board   for  benefits  upon  their  release  from  custody  pursuant  to  regulation of the board.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Wkc > Article-2 > 10

§  10.  Liability  for compensation. 1. Every employer subject to this  chapter shall in accordance  with  this  chapter,  except  as  otherwise  provided  in  section  twenty-five-a  hereof, secure compensation to his  employees and pay or provide compensation for their disability or  death  from  injury  arising out of and in the course of the employment without  regard to fault as a cause of the injury, except that there shall be  no  liability  for  compensation under this chapter when the injury has been  solely occasioned by intoxication from alcohol or a controlled substance  of the injured employee while on duty; or by  wilful  intention  of  the  injured  employee  to  bring  about  the  injury  or death of himself or  another; or where the injury was sustained in  or  caused  by  voluntary  participation  in an off-duty athletic activity not constituting part of  the employee's work related duties unless the employer (a) requires  the  employee  to  participate in such activity, (b) compensates the employee  for participating  in  such  activity  or  (c)  otherwise  sponsors  the  activity.    2.  Notwithstanding  any  other  provisions of this chapter, an injury  incurred by an individual currently employed  as  an  emergency  medical  technician  or an advanced emergency medical technician who is certified  pursuant to section three thousand two of the public health  law,  while  voluntarily  and  without expectation of monetary compensation rendering  medical assistance at the scene of an accident shall be deemed  to  have  arisen  out  of  and in the course of the employment with that emergency  medical technician or advanced emergency  medical  technician's  current  employer.    3.  Notwithstanding  any  other  provisions  of  this chapter, where a  public safety worker,  including  but  not  limited  to  a  firefighter,  emergency   medical  technician,  police  officer,  correction  officer,  civilian employee of the  department  of  corrections  or  other  person  employed  by the state to work within a correctional facility maintained  by the department of correctional services, driver and medical observer,  in the course of performing his or her duties, is exposed to  the  blood  or  other  bodily  fluids  of  another  individual  or  individuals, the  executive officer of the appropriate ambulance, fire or police  district  may  authorize  such  public  safety  worker  to  obtain  the  care  and  treatment, including diagnosis, recommended medicine and  other  medical  care  needed  to  ascertain  whether  such  individual was exposed to or  contracted any communicable disease and such care and treatment shall be  the  responsibility  of  the  insurance  carrier  of   the   appropriate  ambulance, fire or police district or, if a public safety worker was not  so  exposed  in  the  course  of performing his or her duties for such a  district, then such person shall be covered for the  treatment  provided  for  in this subdivision by the carrier of his or her employer when such  person is acting in the scope of his or her employment. For the  purpose  of  this  subdivision,  the  term  "public  safety worker" shall include  persons who act for payment or who act as  volunteers  in  an  organized  group  such as a rescue squad, police department, correctional facility,  ambulance corps, fire department, or fire company.    4. Any person incarcerated upon conviction of a felony shall be deemed  ineligible for all benefits provided under this chapter. All those whose  benefits have ceased by operation of this  section,  may  apply  to  the  board   for  benefits  upon  their  release  from  custody  pursuant  to  regulation of the board.