N.Y. Employers' Liability Law § 9: Liability to pay compensation; notice of accident

§ 9. Liability to pay compensation; notice of accident. If personal

injury by accident arising out of and in the course of the employment is

caused to the employee, the employer shall, subject as hereinafter

mentioned, be liable to pay compensation under the plan at the rates set

out in section ten of this article: provided that the employer shall not

be liable in respect of any injury which does not disable the employee

for a period of at least two weeks from earning full wages at the work

at which he was employed, and that the employer shall not be liable in

respect of any injury to the employee which is caused by the serious and

willful misconduct of that employee. No proceedings for recovery under

the plan provided hereby shall be maintained unless notice of the

accident has been given to the employer as soon as practicable after the

happening thereof and before the employee has voluntarily left the

employment in which he was injured and during such disability, and

unless claim for compensation with respect to the accident has been made

within six months from the occurrence of the accident, or in the case of

death of the employee, or in the event of his physical or mental

incapacity within six months after such death or removal of such

physical or mental incapacity, or in event that weekly payments have

been made under the plan, within six months after such payments have

ceased; but no want of or defect or inaccuracy of a notice shall be a

bar to the maintenance of proceedings under the plan unless the employer

proves that he is prejudiced by said want, defect or inaccuracy. Notice

of the accident shall apprise the employer of the claim for compensation

under this plan and shall state the name and address of the employee

injured, the date and place of the accident and in simple language the

cause thereof. The notice may be served personally or by sending it by

mail in a registered letter addressed to the employer at his last known

residence or place of business.