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New York · Through 2026-09-11

N.Y. Employers' Liability Law § 3: Notice to be served

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Where this section sits in the code
  1. Employers' Liability Law
  2. Article 2. Employers' Liability

§ 3. Notice to be served. No action for recovery of compensation for

injury or death under this article shall be maintained unless notice of

the time, place and cause of the injury is given to the employer within

one hundred and twenty days and the action is commenced within one year

after the occurrence of the accident causing the injury or death. The

notice required by this section shall be in writing and signed by the

person injured or by some one in his behalf, but if from physical or

mental incapacity it is impossible for the person injured to give notice

within the time provided in this section, he may give the same within

ten days after such incapacity is removed. In case of his death without

having given such notice, his executor or administrator may give such

notice within sixty days after his appointment, but no notice under the

provisions of this section shall be deemed to be invalid or insufficient

solely by reason of any inaccuracy in stating the time, place or cause

of the injury if it be shown that there was no intention to mislead and

that the party entitled to notice was not in fact misled thereby. If

such notice does not apprise the employer of the time, place or cause of

injury, he may, within eight days after service thereof, serve upon the

sender a written demand for a further notice, which demand must specify

the particular in which the first notice is claimed to be defective, and

a failure by the employer to make such demand as herein provided shall

be a waiver of all defects that the notice may contain. After service of

such demand as herein provided, the sender of such notice may at anytime

within eight days thereafter serve an amended notice which shall

supersede such first notice and have the same effect as an original

notice hereunder. The notice required by this section shall be served on

the employer, or if there is more than one employer, upon one of such

employers, and may be served by delivering the same to or at the

residence or place of business of the person on whom it is to be served.

The notice or demand may be served by post by letter addressed to the

person on whom it is to be served, at his last known place of residence

or place of business, and if served by post shall be deemed to have been

served at the time when the letter containing the same would be

delivered in the ordinary course of the post. When the employer is a

corporation, notice shall be served by delivering the same or by sending

it by post addressed to the office or principal place of business of

such corporation.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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