N.Y. Employers' Liability Law § 10: Amount of compensation; persons entitled; physical examination

§ 10. Amount of compensation; persons entitled; physical examination.

The amount of compensation under the plan shall be: 1. In case death

results from injury:

(a) If the employee leaves a widow or next of kin at the time of his

death wholly dependent on his earnings, a sum equal to twelve hundred

times the daily earnings of the employee at the rate at which he was

being paid by the employer at the time of the accident, but not more in

any event than three thousand dollars. Any weekly payments previously

made under the plan shall be deducted in ascertaining such amount

payable on death.

(b) If such widow or next of kin or any of them are in part only

dependent upon his earnings, such sum not exceeding that provided in

subdivision a as may be determined to be reasonable and proportionate to

the injury to such dependents.

(c) If he leaves no widow, or next of kin so dependent in whole or in

part, the reasonable expenses of his medical attendance and burial, not

exceeding one hundred dollars. Whatever sum may be determined to be

payable under the plan, in case of death of the injured employee, shall

be paid to his legal representative for the benefit of such dependents,

or if he leaves no such dependents, for the benefit of the person to

whom the expenses of medical attendance and burial are due.

2. Where total or partial incapacity for work at any gainful

employment results to the employee from the injury, a weekly payment

commencing at the end of the second week after the injury and continuing

during incapacity, subject as herein provided, not exceeding fifty per

centum of his average weekly earnings when at work on full time during

the preceding year during which he shall have been in the employment of

the same employer, or if he shall have been employed less than a year,

then a weekly payment of not exceeding three times the average daily

earnings on full time for such less period.

In fixing the amount of the weekly payment, regard shall be had to any

payment, allowance or benefit which the workman may have received from

the employer during the period of his incapacity, and in the case of

partial incapacity the weekly payment shall in no case exceed the

difference between the amount of the average weekly earnings of the

workman before the accident and the average amount which he is earning

or is able to earn in some suitable employment or business after the

accident, but shall amount to one-half of such difference. In no event

shall any weekly payment payable under the plan exceed ten dollars per

week or extend over more than eight years from the date of the accident.

Any person entitled to receive weekly payments under the plan is

required, if requested by the employer, to submit himself for

examination by a duly qualified medical practitioner or surgeon provided

and paid for by the employer, at a time and place reasonably convenient

for the employee, within three weeks after the injury, and thereafter at

intervals not oftener than once in six weeks. If the workman refuses so

to submit, or obstructs the same, his right to weekly payments shall be

suspended until such examination shall have taken place, and no

compensation shall be payable under the plan during such period. In case

an injured employee shall be mentally incompetent at the time when any

right or privilege accrues to him under the plan, a committee or

guardian of the incompetent, appointed pursuant to law, may, on behalf

of such incompetent, claim and exercise any such right or privilege with

the same force and effect as if the employee himself had been competent

and had claimed or exercised any such right or privilege; and no

limitation of time herein provided for shall run so long as said

incompetent employee has no committee or guardian. In case an injured

employee shall be under a substantial impairment within the meaning of

the conservatorship provisions of article seventy-seven of the mental

hygiene law at the time when any property right accrues to him under the

plan, a conservator, appointed pursuant to law, may, on behalf of such

conservatee, claim and exercise any property right with the same force

and effect as if the employee had been capable of managing his affairs

and had claimed such right; and no limitation of time herein provided

shall run so long as said employee has no conservator.