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New York · Through 2026-09-11

N.Y. Workers' Compensation Law § 18: Notice of injury or death

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Where this section sits in the code
  1. Workers' Compensation Law
  2. Article 2. Compensation

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

which compensation is payable under this chapter shall be given to the

employer within thirty days after the accident causing such injury, and

also in case of the death of the employee resulting from such injury,

within thirty days after such death. Such notice may be given by any

person claiming to be entitled to compensation, or by some one in his

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

of the employee, and state in ordinary language the time, place, nature

and cause of the injury, and 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. It shall be given to the employer by

delivering it to him or sending it by mail, by registered letter,

addressed to the employer at his or its last known place of business;

provided that, if the employer be a partnership then such notice may be

so given to any one of the partners, and if the employer be a

corporation, then such notice may be given to any agent or officer

thereof upon whom legal process may be served, or any agent in charge of

his business in the place where the injury occurred. The failure to give

notice of injury or notice of death unless excused by the board either

on the ground that notice for some sufficient reason could not have been

given, or on the ground that the employer, or his or its agents in

charge of the business in the place where the accident occurred or

having immediate supervision of the employee to whom the accident

happened, had knowledge of the accident or death, or on the ground that

the employer has not been prejudiced thereby, shall be a bar to any

claim under this chapter, but the employer and the insurance carrier

shall be deemed to have waived such notice unless the objection to the

failure to give such notice or the insufficiency thereof, is raised

before the board on the first hearing of the claim field by such injured

employee, or his or her dependents at which all parties in interest are

present, or represented, and at which the claimant, or principal

beneficiary, testifies.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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