State Codes and Statutes

Statutes > New-york > Wkc > Article-4 > 56

§  56. Subcontractors. A contractor, the subject of whose contract is,  involves or includes a hazardous employment, who subcontracts all or any  part of such contract shall, in any case  of  injury  or  death  to  any  employee, arising out of and in the course of such hazardous employment,  be  liable for and pay compensation to such employee or persons entitled  to compensation on the death of such employee, and in any such  case  of  injury or death where the employer of such employee would be required to  make  payments into the special funds provided by subdivisions eight and  nine of section fifteen and subdivision three of section  twenty-five-a,  the contractor or, if insured, his insurance carrier shall be liable for  and   pay   into  such  special  funds  the  amounts  required  by  such  subdivisions eight and nine of section fifteen and subdivision three  of  section   twenty-five-a   to  be  paid  by  such  employer;  unless  the  subcontractor primarily liable for such compensation  or  payments  into  such special funds has secured compensation therefor as provided in this  chapter.    Any  contractor,  or  his  insurance  carrier,  who  shall,  under the  provisions of this section,  become  liable  for  such  compensation  or  payments  into  such  special  funds  may  recover  the  amount  of such  compensation paid or payments made into  such  special  funds  from  the  subcontractor  primarily  liable  therefor.  The claim for such recovery  shall constitute a lien against any moneys due or to become due  to  the  subcontractor  from  such  contractor. Such claim for recovery, however,  shall not affect the right of  such  employee  or  persons  entitled  to  compensation  on  the  death  of  such  employee  or  the  chairman from  recovering such compensation or payments into such  special  funds  from  the contractor or his insurance carrier.    Notwithstanding  any  other  provision of this chapter, in any case of  injury or death to an executive officer of any corporation  who  at  all  times  during the period involved owns all of the issued and outstanding  stock of the corporation and  holds  all  of  the  offices  pursuant  to  paragraph   (e)  of  section  seven  hundred  fifteen  of  the  business  corporation law or to a self-employed  person  or  to  a  partner  of  a  partnership  as  defined  in  section  ten  of  the partnership law, the  contractor or, if insured, his insurance carrier shall not be liable for  the payment of compensation or medical expenses to or on behalf of  such  executive  officer,  self-employed person or partner of a partnership or  to his surviving spouse, children and dependents as defined  by  section  sixteen  of  this  chapter solely because of the injury or death of such  executive officer, self-employed person or partner.    Notwithstanding any other provision of this chapter, in  any  case  of  injury  or death of any one of two executive officers of any corporation  who at all times during the period involved between them own all of  the  issued  and  outstanding  stock of such corporation and hold all of such  offices pursuant to paragraph (e) of section seven  hundred  fifteen  of  the  business  corporation law provided, however, that each officer must  own at least one share of stock, the  contractor  or,  if  insured,  his  insurance carrier shall not be liable for the payment of compensation or  medical  expenses to or on behalf of such executive officers or to their  surviving spouse, children and dependents as defined by section  sixteen  of  this  chapter  solely  because  of  the  injury or death of any such  executive officers.    An owner of timber other than farm lands, who contracts  with  another  to  carry  on  or perform work or service in connection therewith, which  work or service is, involves or includes a hazardous  employment,  shall  for  the purposes of this section be deemed a contractor, and such other  a subcontractor.

State Codes and Statutes

Statutes > New-york > Wkc > Article-4 > 56

§  56. Subcontractors. A contractor, the subject of whose contract is,  involves or includes a hazardous employment, who subcontracts all or any  part of such contract shall, in any case  of  injury  or  death  to  any  employee, arising out of and in the course of such hazardous employment,  be  liable for and pay compensation to such employee or persons entitled  to compensation on the death of such employee, and in any such  case  of  injury or death where the employer of such employee would be required to  make  payments into the special funds provided by subdivisions eight and  nine of section fifteen and subdivision three of section  twenty-five-a,  the contractor or, if insured, his insurance carrier shall be liable for  and   pay   into  such  special  funds  the  amounts  required  by  such  subdivisions eight and nine of section fifteen and subdivision three  of  section   twenty-five-a   to  be  paid  by  such  employer;  unless  the  subcontractor primarily liable for such compensation  or  payments  into  such special funds has secured compensation therefor as provided in this  chapter.    Any  contractor,  or  his  insurance  carrier,  who  shall,  under the  provisions of this section,  become  liable  for  such  compensation  or  payments  into  such  special  funds  may  recover  the  amount  of such  compensation paid or payments made into  such  special  funds  from  the  subcontractor  primarily  liable  therefor.  The claim for such recovery  shall constitute a lien against any moneys due or to become due  to  the  subcontractor  from  such  contractor. Such claim for recovery, however,  shall not affect the right of  such  employee  or  persons  entitled  to  compensation  on  the  death  of  such  employee  or  the  chairman from  recovering such compensation or payments into such  special  funds  from  the contractor or his insurance carrier.    Notwithstanding  any  other  provision of this chapter, in any case of  injury or death to an executive officer of any corporation  who  at  all  times  during the period involved owns all of the issued and outstanding  stock of the corporation and  holds  all  of  the  offices  pursuant  to  paragraph   (e)  of  section  seven  hundred  fifteen  of  the  business  corporation law or to a self-employed  person  or  to  a  partner  of  a  partnership  as  defined  in  section  ten  of  the partnership law, the  contractor or, if insured, his insurance carrier shall not be liable for  the payment of compensation or medical expenses to or on behalf of  such  executive  officer,  self-employed person or partner of a partnership or  to his surviving spouse, children and dependents as defined  by  section  sixteen  of  this  chapter solely because of the injury or death of such  executive officer, self-employed person or partner.    Notwithstanding any other provision of this chapter, in  any  case  of  injury  or death of any one of two executive officers of any corporation  who at all times during the period involved between them own all of  the  issued  and  outstanding  stock of such corporation and hold all of such  offices pursuant to paragraph (e) of section seven  hundred  fifteen  of  the  business  corporation law provided, however, that each officer must  own at least one share of stock, the  contractor  or,  if  insured,  his  insurance carrier shall not be liable for the payment of compensation or  medical  expenses to or on behalf of such executive officers or to their  surviving spouse, children and dependents as defined by section  sixteen  of  this  chapter  solely  because  of  the  injury or death of any such  executive officers.    An owner of timber other than farm lands, who contracts  with  another  to  carry  on  or perform work or service in connection therewith, which  work or service is, involves or includes a hazardous  employment,  shall  for  the purposes of this section be deemed a contractor, and such other  a subcontractor.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Wkc > Article-4 > 56

§  56. Subcontractors. A contractor, the subject of whose contract is,  involves or includes a hazardous employment, who subcontracts all or any  part of such contract shall, in any case  of  injury  or  death  to  any  employee, arising out of and in the course of such hazardous employment,  be  liable for and pay compensation to such employee or persons entitled  to compensation on the death of such employee, and in any such  case  of  injury or death where the employer of such employee would be required to  make  payments into the special funds provided by subdivisions eight and  nine of section fifteen and subdivision three of section  twenty-five-a,  the contractor or, if insured, his insurance carrier shall be liable for  and   pay   into  such  special  funds  the  amounts  required  by  such  subdivisions eight and nine of section fifteen and subdivision three  of  section   twenty-five-a   to  be  paid  by  such  employer;  unless  the  subcontractor primarily liable for such compensation  or  payments  into  such special funds has secured compensation therefor as provided in this  chapter.    Any  contractor,  or  his  insurance  carrier,  who  shall,  under the  provisions of this section,  become  liable  for  such  compensation  or  payments  into  such  special  funds  may  recover  the  amount  of such  compensation paid or payments made into  such  special  funds  from  the  subcontractor  primarily  liable  therefor.  The claim for such recovery  shall constitute a lien against any moneys due or to become due  to  the  subcontractor  from  such  contractor. Such claim for recovery, however,  shall not affect the right of  such  employee  or  persons  entitled  to  compensation  on  the  death  of  such  employee  or  the  chairman from  recovering such compensation or payments into such  special  funds  from  the contractor or his insurance carrier.    Notwithstanding  any  other  provision of this chapter, in any case of  injury or death to an executive officer of any corporation  who  at  all  times  during the period involved owns all of the issued and outstanding  stock of the corporation and  holds  all  of  the  offices  pursuant  to  paragraph   (e)  of  section  seven  hundred  fifteen  of  the  business  corporation law or to a self-employed  person  or  to  a  partner  of  a  partnership  as  defined  in  section  ten  of  the partnership law, the  contractor or, if insured, his insurance carrier shall not be liable for  the payment of compensation or medical expenses to or on behalf of  such  executive  officer,  self-employed person or partner of a partnership or  to his surviving spouse, children and dependents as defined  by  section  sixteen  of  this  chapter solely because of the injury or death of such  executive officer, self-employed person or partner.    Notwithstanding any other provision of this chapter, in  any  case  of  injury  or death of any one of two executive officers of any corporation  who at all times during the period involved between them own all of  the  issued  and  outstanding  stock of such corporation and hold all of such  offices pursuant to paragraph (e) of section seven  hundred  fifteen  of  the  business  corporation law provided, however, that each officer must  own at least one share of stock, the  contractor  or,  if  insured,  his  insurance carrier shall not be liable for the payment of compensation or  medical  expenses to or on behalf of such executive officers or to their  surviving spouse, children and dependents as defined by section  sixteen  of  this  chapter  solely  because  of  the  injury or death of any such  executive officers.    An owner of timber other than farm lands, who contracts  with  another  to  carry  on  or perform work or service in connection therewith, which  work or service is, involves or includes a hazardous  employment,  shall  for  the purposes of this section be deemed a contractor, and such other  a subcontractor.