N.Y. Volunteer Ambulance Workers' Benefit Law § 40: Notice of injury or death

§ 40. Notice of injury or death. Notice of an injury or death for

which benefits are to be paid or provided under this chapter shall be

given to the political subdivision or the volunteer ambulance company

liable for the payment thereof within ninety days after such injury or

death except that such notice need not be given if a claim is filed

pursuant to section forty-one of this article within ninety days after

such injury or death. Either such notice may be given by any person

claiming to be entitled to such benefits or by someone in his behalf.

The notice shall be in writing, shall contain the name and address of

the volunteer ambulance worker, and state in ordinary language the time,

place, nature and cause of the injury and shall be signed by him or by a

person on his behalf or, in case of death, by any one or more of his

dependents, or by a person on their behalf. The notice shall be given to

the clerk of the board of supervisors of the county, the comptroller or

chief financial officer of the city, the town clerk of the town, the

clerk of the village, the secretary of the ambulance district or the

volunteer ambulance company, as the case may be, by delivering it to

such officer or by registered letter properly addressed to such officer.

The failure to give notice of injury or notice of death shall be a bar

to any claim under this chapter unless such failure is excused by the

workers' compensation board on any of the following grounds, (1) that

for some sufficient reason the notice could not have been given, (2)

that a member of a body in charge of, or any officer of, the ambulance

district or ambulance company had knowledge within such ninety-day

period of the injuries or death, (3) that the political subdivision, or

its insurance carrier had not been prejudiced by a delay in giving such

notice, or (4) that the cause of disablement or death was not known to

be the result of service performed in line of duty as a volunteer

ambulance worker in sufficient time to comply with the provisions of

this section.