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New York · Through 2026-09-11

N.Y. Workers' Compensation Law § 305: Compensation provided

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Where this section sits in the code
  1. Workers' Compensation Law
  2. Article 10. Workmen's Compensation Act For Civil Defense Volunteers

§ 305. Compensation provided. The schedule of special compensation for

civil defense volunteers under this article is hereby established as

follows:

(1) Total disability. In case of total disability, sixty-six and

two-thirds per centum of average weekly wages computed under the

provisions of section fourteen shall be paid to the civil defense

volunteer during continuance of such disability, up to a maximum period

of disability of five years from the date of injury.

(2) Permanent partial disability. In case of disability partial in

character but permanent in quality, such percentage of sixty-six and

two-thirds per centum of average weekly wages computed under the

provisions of section fourteen as the percentage of impairment bears to

total disability, shall be paid to the civil defense volunteer during

continuance of such disability, up to a maximum period of disability of

five years from the date of injury.

(3) Medical care and chiropractic care. Necessary medical,

chiropractic and other attendance and treatment as set forth in section

thirteen shall be provided, subject to the provisions of sections

thirteen-a to thirteen-j inclusive and thirteen-l; but the aggregate

cost of all such attendance and treatment shall not exceed the sum of

four thousand dollars in a case of total disability or of permanent

partial disability or in a case of total disability with subsequent or

prior permanent partial disability, nor one thousand dollars in a case

of temporary partial disability without subsequent or prior total

disability.

(4) Death. Compensation shall be paid in the amount, and to and for

the benefit of persons, as follows:

(a) Actual funeral expenses in a reasonable sum not exceeding seven

hundred and fifty dollars to a person or persons and in manner as

provided in section sixteen subdivision one.

(b) If there be a surviving dependent wife or dependent husband and no

surviving child of the deceased under the age of eighteen years, to such

dependent wife or dependent husband forty per centum of the average

wages of the deceased as defined in section sixteen subdivision five

during widowhood or widowerhood; provided that the total amount payable

shall in no case exceed sixty-six and two-thirds per centum of such

wages or be paid for any period which, when combined with other benefits

provided under this article in the event of disability preceding death,

shall extend more than five years from the date of injury.

(c) If there be a surviving dependent wife or dependent husband and

also a surviving child or children of the deceased under the age of

eighteen years, to such dependent wife or dependent husband thirty per

centum of such average wages of the deceased during widowhood or

widowerhood, and the additional amount of twenty per centum of such

wages for each such child, but not after the child shall have attained

the age of eighteen years; provided that the total amount payable shall

in no case exceed sixty-six and two-thirds per centum of such wages or

be paid for any period which, when combined with other benefits provided

under this article in the event of disability preceding death, shall

extend more than five years from the date of injury.

(d) If there be a surviving child or children of the deceased under

the age of eighteen years, but no surviving dependent wife or dependent

husband, then for the support of each such child but not after such

child shall have attained the age of eighteen years, thirty per centum

of such average wages of the deceased; provided that the total amount

payable shall in no case exceed sixty-six and two-thirds per centum of

such wages or be paid for a period which, when combined with other

benefits provided under this article in the event of disability

preceding death, shall extend more than five years from the date of

injury.

(e) If there be no surviving dependent wife or dependent husband and

no surviving child or children under the age of eighteen, no payment

shall be made to the special funds established under the provisions of

section fifteen and twenty-five-a of this chapter nor to any person,

except only for funeral expenses as provided in subdivision four of this

section.

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

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