155 iY. Y. S. 751; White v. N. Y. C, etc., R. Co., 169 A. D. 903, afd. 216
N. Y. 653.
Accidental personal injuries arising out of and in course of employment,
and such disease or infection as may result therefrom, unless due to intent
to injure self or another or to intoxication while on duty (Â§Â§10, 3 ).
Shinnick v. Clover Farms Co., 152 N. Y. 8. 649; Smith v. Price, 153 N. Y. 8.
221; Fredenburg v. Empire United Rys., 154 N. Y. 8. 351; Moore v. Lehigh
Valley R, Co., id. 620; Powley v. Vivian ^ Co., id. 436; De Voe v. N. Y. State
Rys., 155 N. Y. 8. 12; Hendricks v. Seeman Bros., id. 638; Newman v. New-
man, id. 665; De Filippis v. Falkenberg, id. 761; Kingsley v. Donovan, id. 801;
Plass V. Central N. E. Ry. Co., id. 854; Martucci v. Hills Bros. Co., 156
N. Y. 8. 833; Rist v. Larkin ^ Sangster, id. 875; Collins v. Bklyn. Union Gas
Co., id. 957; Mazzarisi v. Ward ^ Tully, id. 964; Dale v. Saunders Bros.,
157 N. Y. S. 1062; White v. N. Y. Central R. Co., 169 A. D. 903, afd. 216
N. Y. 653.
NOTICE OF INJURY AND CLAIM FOR COMPENSATION
Written notice containing prescribed particulars must be served on
employer and Commission within 10 days after disability or 30 days after
death. Failure to do so bars claim, unless excused by Commission (Â§18).
Claim must be made within one year after injury or death (Â§28).
No comj^ensation allowed for first fourteen days of disability (Â§12).
â€” 16 â€”
MEDICAL AND SURGICAL AID
Such medical aid, including crutches, apparatus, etc., as required or
requested by employee, must be furnished by employer during 60 days after
injury. Charges therefor are subject to regulation by Commission and limited
to those that prevail in community for similar treatment of persons of like
standard of living (Â§13).
COMPENSATION FOR TOTAL DISABILITY
Sixty-six and two-thirds per cent, of average weekly wages; maximum
$15, minimum $5, or full M'ages, per week; if permanent, for life; if temporary,
during disability but not to exceed in aggregate $3,500. Certain severe
injuries presumed to constitute permanent total disability (Â§15 [1, 2, 5, 6]).
Schwab V. Empormm Forestry Co., 153 N. Y. S. 234, affd. 216 N. Y. 712;
Fredenhurg v. Empire United Rys., 154 N. Y. S. 351, 168 A. D. 618.
COMPENSATION FOR PARTIAL DISABILITY
Special schedule for certain injuries in lieu of other compensation; for
loss of a hand, arm, foot, leg or eye, maximum $20, minimum $5 or full wages
per week. In other cases, 66 2/3% of reduction in earning capacity during
disability. Except for injuries specified above, maximum $15, minimum $5
or full wages, per week; but in case of temporary partial disability not to
exceed in aggregate $3,500 or, when combined with decreased earnings,
amount of wages at time of injury (Â§15 [3-6]). In re Petrie, 151 N. Y. S.
307; 215 N. Y. 335; Fredenhurg v. Empire United Rys., 154 N. Y. S. 351;
Rockwell V. Lewis, id. 893; Ciinninffham v. Buffalo Rolling Mills, 155 N. Y. S.
797; Feinman v. Albert Mfg. Co., id. 909.
COMPENSATION FOR DEATH
Reasonable funeral expenses, maximum $100. 30% of wages to wife or
dependent husband during widowhood or dependency (two years' benefits to
widow upon remarriage), and 10% additional for each child under 18. If
there be no widow or dependent widower, 15% to each child. 15% each to
dependent grandchildren, brothers and sisters under 18 and 25% each to
parents and grandparents, subject to preference of widow or dependent
widower and children for their full benefits. Total limited to 66 2/3% of
wages. Excess of wages over $100 per month not to be reckoned in com-
puting death benefits (Â§16). If there are no dependents, $100 must be paid
to State Treasurer for special fund mentioned under "PREVIOUS DIS-
ABILITY," infra. (Â§15 ). Friscia v. Drake Bros. Co., 153 N. Y. S. 392;
Woodcock V. Walker, 155 N. Y. S. 702; Walz v. Holbrook, etc., Corpn., id. 703.
EFFECT OF PREVIOUS DISABILITY
Previous disability is not to preclude compensation for later injury nor
for death resulting therefrom; but in determining compensation for later
injury or death, average weekly wages to be such sum as reasonably rep-
resents earning capacity at time of later injury. Compensation for later
injury not to exceed amount allowed for such injury considered by itself
and not in conjunction with previous disability (Â§15 ). Where total
disability results from the loss of a member or organ ensuing upon the
previous loss of a hand, arm, foot, leg or eye, additional compensation of
â€” 16 â€”
66 2/3% for life is payable out of a special State Fund created for that
purpose (Â§15 ). Schwab v. Emp. Forestry Co., 153 N. Y. S. 234, affd. 216
N. Y. 712.
AVERAGE WAGESâ€” HOW COMPUTED
Average weekly wages to be 1/52 of average annual earnings; later to
be 300 times average daily wage during preceding year, if employed sub-
stantially the whole year, otherwise 300 times average daily wage of another
employee in same occupation and locality. If injured employee is a minor
whose wages would normally be expected to increase, this fact may be taken
into consideration (Â§14). Wages to include reasonable value of board,
lodging, etc. (Â§3 ). Fredenburg v. Empire United Rys., 154 N. Y. S.
351; Kilberg v. Vitch, 156 N. Y. 8. 971.
WHO ARE DEPENDENTS
Dependency not defined; to be determined in accordance with conditions
at time of accident. Beneficiaries are limited to widow or dependent widower,
children (posthumous, legally adopted and step-children included), de-
pendent grandchildren, brothers and sisters under 18 years of age and
dependent parents and grandparents (Â§Â§3 , 16). Friscia v. Drake
Bros. Co., 153 N. Y. 8. 392; Hendricks v. 8eeman Bros., 155 N. Y. 8. 638;
Walz V. Holbrook, etc., Corpn., id. 703; Rhymer v. Hueber Bldg. Co., 156
N. Y. 8. 903.
Compensation to aliens not residents (or about to become non-residents)
of the United States or Canada, to be the same as provided for residents;
but Commission may, or upon application of insurer, must, commute future
installments to a lump sum equal to one-half the present value thereof.
Dependents residing in any foreign country are limited to wife and children
or, if there be none of these, to parent or grandparent wholly or partly
dependent upon deceased for a year prior to accident (Â§17).
Injured employee must submit to medical examination from time to time
when requested by Commission, as may be provided by its rules. Insurer
and employee may have their respective physicians present. Refusal to
submit forfeits the right to compensation for period of refusal (Â§19).
SETTLEMENT OF CLAIMS AND DISPUTES
After expiration of first 14 days of disability, terras of compensation
may be settled by agreement between employer and employee, subject to
approval of Commission. In case of failure to agree within 10 days after
presentation of claim, it may be presented to Commission. Upon application
of either party. Commission must order a hearing and may appoint arbitra-
tion committee for that purpose. Decision of Commission is final as to facts
(Â§20). Goldstein v. Centre Iron Works, 153 N. Y. 8. 224; Powley v. Vivian
^ Co., 154 N. Y. 8. 426; Carroll v. Knickerbocker Ice Co., 155 N. Y. 8. 1;
Fairchild v. Penna. R. Co., id. 751; Cunningham v. Buffalo Rolling Mills,
id. 797; Gardener v. Horseheads Constr. Co., 156 N. Y. 8. 899.
â€” 17 â€”
RIGHT OF APPEAL^
Within 30 days after Commission's decision, appeal may be taken to
the Appellate Division, Third Department. Commission may also, upon
application of either party, certify questions of law to Appellate Division.
Further appeal lies to Court of Appeals as in other cases, except that where
the decision of the Appellate Division is not unanimous, it is not necessary
to obtain the consent of the Appellate Division or of a judge of the Court
of Appeals, as a precedent condition (Â§23). Kenny v. Union Ry. Co., 162
N. Y. S. 117; Goldstein v. Centre Iron Works, 153 N. Y. S. 224; In re Rhein-
tcalcl, id. 598; Hendricks v. Seeman Bros., 155 N. Y. S. 638; Crockett v. State
Ins. Fund, id. 692; Plass v. Central N. E. Ry. Co., id. 854; Gleisner v. Gross
^ Herbener, id. 946; Rhymer v. Hueber Bldg. Co., 156 N. Y. 8. 903; Collins
V. Bklyn. Union Gas Co., id. 957.
MODIFICATION OF AGREEMENTS AND AWARDS
Upon its own motion or upon application of any party in interest, at
any time, the Commission may review and modify an award (Â§22). The
Commission's jurisdiction is continuing, and, from time to time, it may
modify any former orders or findings as it may deem just (Â§74).
The Commission may commute periodical payments to one or more lump
sums whenever, in the interest of justice, it shall so deem advisable (Â§25).
Whenever it is possible to compute the present value of future payments.
Commission may permit or require payment of the amount thereof, together
with a sum sufficient to cover expenses of administration, into a special trust
fund, administered by the Commission, but kept separate from other moneys
of the State Fund (Â§27).
A claim for compensation and any award thereunder has the same pref-
erence or lien without limit of amount as a claim for unpaid wages for
ASSIGNMENTS AND EXEMPTIONS
Claims for compensation may not be assigned, released or commuted,
except as provided in Act. Compensation is exempt from all claims of
creditors and from levy, execution, attachment, etc. (Â§33), Bloom v. Jaffe.
157 N. Y. 8. 926.
HOW COMPENSATION IS SECURED
Insurance in State Fund or in some authorized company or mutual
association is compulsory, with alternative to employer to carry his own risks
upon proof of financial responsibility (Â§50). Kenny v. Union Ry. Co., 152
N. Y. 8. 117; Winfield v. N. Y. C. ^ H. R. R. Co., 153 N. Y. 8. 499, affd. 216
N. Y. 284; McQueeney v. 8ufphen ^ Hyer, 153 N. Y. 8. 554.
METHOD OF PAYMENT AND PROCEEDINGS TO COLLECT
Compensation is payable by employer periodically in same manner as
wages. If employer defaults payment for 10 days, insurer becomes liable
â€” 18 â€”
therefor, and if payment be not made within 10 days after demand by
employee or dependent, amount due is a liquidated claim for damages against
employer or insurer, which, with added penalty of 50%, may be recovered
in action by Commission. If payments not immediately due may be com-
puted to present value, Commission may sue for full amount, with penalties.
If employer defaults payment for 30 days, any party in interest may file
with the county clerk a certified copy of the Commission's decision awarding
compensation, whereupon judgment must be entered in the Supreme Court
accordingly, which has the same effect as though rendered in an action duly
tried (Â§Â§25, 26). Woodcock v. Walker, 155 N. Y. 8. 702.
ATTORNEYS' LIENS AND FEES
Claims for legal services and for services of physicians or hospitals are
not enforceable, unless approved by Commission. If so approved, they be-
come liens upon award, but payable only in manner fixed by Commission
(Â§24). Bloom V. Jaffe, 157 N. Y. S. 926.
MINORS AND INCOMPETENT PERSONS
No time limitation is to run against minor dependent or mentally in-
competent person until appointment of guardian, committee or next friend
(Â§116). Herkey v. Agar Mfg. Co., 153 N. Y. 8. 369; Woodcock v. Walker,
155 N. Y. 8. 702. A minor employee is deemed sui juris for the purpose of
making election under the Act (Â§2). The Commission may require the
appointment of a guardian for the purpose of receiving death benefits pay-
able to a minor dependent; but unless the Commission so requires, the
appointment of a guardian is not necessary. (Â§16 ).
WHERE INJURY IS CAUSED BY THIRD PARTY
An employee injured by the negligence of a third party not in the same
employ has the option either to take compensation or sue third party for
damages. If first alternative be elected, he must assign his claim for
damages to party liable for compensation. If second alternative be elected,
the party liable for compensation need pay only the deficiency, if any, be-
tween amount recovered and total compensation (Â§29). Lester v. Otis
Elevator Co., 153 N. Y. 8. 1058, 169 A. D. 613, 155 N. Y. 8. 524; Miller v.
N. Y. Rys. Co., 157 N. Y. 8. 200; Woodxvard v. Conklin ^ Son, id. 948; Dale
V. Saunders Bros., id. 1062.
PRINCIPAL AND SUB-CONTRACTOR
No provision as to liability of employer to employees of contractors or
sub-contractors; but see In re Rheinwald, 153 N. Y. 8. 598; Powley v. Vivian
^ Co., 164 N. Y. 8. 426.
SUITS FOR DAMAGES
Employer's liability for compensation excludes any other liability what-
soever to the employee, his [or her] personal representatives, husband,
parents, next of kin, etc.; except that if employer has not secured com-
pensation as required by Art. 3, injured employee has option either to re-
cover compensation or to sue for full damages, and in such suit for damages,
employer's common law defenses are abrogated (Â§Â§11, 52). Shinnick v. Clover
Farms Co., 152 N. Y. 8. 649; Herkey v. Agar Mfg. Co., 153 N. Y. 8. 369;
â€” 19 â€”
Dearborn v. Peugeot Auto Imimrt Co., 155 N. Y. S. 769; Dick v. Knoper-
baum; 157 N. Y. S. 754.
Employers may form association for accident prevention and adopt rules
for that purpose, to become binding on aU employers of the same class,
subject to approval of Commission (Â§96).
REPORTS REQUIRED OF EMPLOYER OR INSURER
Joint report of agreement for payment of compensation must be made
to Commission on form provided (Â§20). Report must be made to Com-
mission of all accidents resulting in personal injury, within ten days after
occurrence. Penalty for non-compliance, $500 fine (Â§111). Any information
requested by Commission, must be given, and employer's books, records,
etc., are subject to inspection (Â§Â§112-113).
Employers to whom the elective features of the Act are applicable are
required to signify their election to come under the Act by posting notices
thereof at their place of business (Â§2). Employer must post at his place
or places of business, printed or typewritten notice, in form prescribed by
Commission, of compliance with provision for securing compensation (Â§51).
Agreements to waive the right to compensation are void (Â§32). Agree-
ments for contribution by employees are void (Â§31). Powley v. Vivian ^ Co.,
154 N. Y. S. 426.
If employer carries insurance, he must file with Commission notice
thereof, in prescribed form, together with such information regarding his
policy as the Commission may require (Â§50). Every policy of insurance
must provide that Commission may enforce it, that notice to employer shall
be deemed notice to insurer, etc., and that insolvency of employer shall not
discharge insurer, etc.; and must cover liability for compensation. Policies
may be cancelled only upon notice to Commission, etc. (Â§54). Policies may
be issued to cover employers who perform labor incidental to their occu})a-
tions (Â§54 ). All insurance carriers are subject to assessment to cover
expenses of administering Act, beginning with the year 1917 (Â§77).
Employer may insure compensation in any stock corporation authorized
to transact such business within the State (Â§50).
Thirteen or more persons may incorporate for purpose of insuring com-
pensation on the mutual plan, but may not begin business until annual
premiums on insurance applied for amount to $25,000 and membership is
at least 40 employers with 2,500 employees, or 30 employers with 5,000
employees, or 20 employers with 7,500 employees, or 10 employers with
â€” 20 â€”
10,000 employees. Reserves must be maintained equal to that required of
stock cor})orations in same class of insurance. Foreign mutual corporations
may be admitted after Jan. 1, 1917. Such corporations are required to main-
tain a surplus of not less than $100,000 (Ch. 832, Laws 1913, as amended by
Ch. 50(), Laws 1915 and Ch. 393, Laws of 1916).
A State Insurance Fund, to be managed by the Commission, is created,
subject to special ])rovisions as to reports, reserves, assessments, etc. An
employer insuring therein may withdraw, but remains liable for assessments
for one year thereafter and is entitled to any dividend having accrued during
his membership (Art. 5). Employers insuring therein are relieved from lia-
bility to employees (Â§53). Crockett v. State Insurance Fund, 155 N. Y. 8, 692.
Regulation of Rates
Every corporation or association insuring compensation must file with
Superintendent of Insurance its classification of risks and premiums, which
are subject to his approval (Ch. 16, Laws of 1914). For State Insurance,
risks are to be classified and premiums fixed by Commission (Â§Â§95, 97).
Failure to report accidents is a misdemeanor, punishable by fine of $500
(Â§111). Penalty of 50% is added to claim for compensation in case of
non-payment within 10 days after demand. Employer is liable to penalty
of 10% of defaulted payment, regardless of subsequent pajinent by insurer
(Â§26). Employer who deducts from wages any portion of insurance cost
is guilty of a misdemeanor (Â§31). False statement in claim for compensa-
tion is a misdemeanor (Â§115). If employer insuring in State Fund wilfully
misrepresents amount of pay roll, he is liable to State in 10 times the differ-
ence between premium paid and amount which should have been paid (Â§102).
Failure to secure payment of compensation as required is a misdemeanor (Â§52).
No provision; but the courts have generally given extra-territorial effect
to the Act, especially where the employee has been a resident of the State,
or where the contract of employment was made in the State. Edwardsen v.
Jarvis Lighterage Co., 153 N. Y. 8. 391; 8pratt v. 8weeney ^ Gray Co., id.
505; affd. 216 N. Y. 763; Valentine v. 8mith, 168 A. D. 403, affd. 216 N. Y.
763; Post V. Burger, 168 A. D. 403, afd. 216 N. Y. 544, 111 N. E. 351. But
see, contra. Gardener v. Horseheads Constr. Co., 156 N. Y. 8. 899.
If any provision of Act is held unconstitutional, it shall not affect validity
of the remainder (Â§118). Amendment to State Constitution embodied in Â§19,
Art. I, ratified by popular vote Nov. 4, 1913, provides there shall be no
constitutional limit on power of Legislature to enact compensation or safety
The Constitutionality of the Act was upheld by the New York Court of
Appeals in Jensen v. Southern Pacific Co., 215 N. Y. 514; Walker v. Clyde
8. 8. Co., id. 629.
â€” 21 â€”
Various presumptions established in favor of employee in daim for com-
pensation (Â§21). Winfield v. N. Y. C. ^ H. R. R. Co., 153 N. Y. 8. 499;
McQueeney v. Sutphen ^ Hyer, id. 554; Kohler v. Frohmann, id. 559; In re
Rheinwald, id. 598; Larsen v. Paine Drug Co., 155 N. Y. S. 759; Collins v.
Bklyn. Union Gas Co., 156 N. Y. 8. 95T.
Benefits accruing to employee from other sources are not to affect claim
for compensation, except in case of gratuitous pension to public employee (Â§30).
If proceedings before Commission or Court are not brought on reasonable
ground, the entire cost thereof is to be assessed on party bringing same (Â§24).
TEXT OF THE LAW
CHAPTER 816, LAWS OF 1913
As re-enacted by Chapter 41, Laws of 1914, and amended by Chapter 316,
Laws of 1914, constituting Chapter 67 of the Consolidated Laws, ,
further amended by Chapters 167, 168, 615 and 674, Laws of 1915;
and by Chapter 622, Laws of 1916.
In relation to assuring compensation for injuries or death of certain em-
ployees in the course of their employment and repealing certain sections
of the labor law relating thereto, constituting chapter sixty-seven of
the consolidated laws.
The People of the State of New York; represented in Senate and
Assembly, do enact as folloxvs:
CHAPTER 67 OF THE CONSOLIDATED LAWS
Workmen's Compensation Law
Article 1. Short title, application, definitions. (Sees. 1-3).
2. Compensation. (Sees. 10-34).
3. Security for compensation. (Sees. 50-54).
4. State workmen's compensation commission. (Sees. 60-77).
5. State insurance fund. (Sees. 90-106).
6. Miscellaneous })rovisions. (Sees. 110-119).
7. Laws repealed; when to take eflFect. (Sees. 130-131).
Short Title; Application; Definitions
Section 1. Short title.
Section 1. Short title. This chapter shall be known as the "workmen's
Sec. 2. *[As amended by Chapter 622, Laws of 1916.] Application.
Compensation provided for in this chapter shall be payable for injuries
sustained or death incurred by employees engaged in the following hazardous
Group 1. The operation, including construction and repair, of railways
operated by steam, electric or other motive power, street railways, and
incline railways, but not their construction when constructed by any person
other than the company which owns or operates the railway, including work
of express, sleeping, parlor and dining car employees on railway trains.
Group 2. Construction, repair and operation of railways not included
in group one.
Group 3. The operation, including construction and repair, of car shojis,
machine shops, steam and power plants, and other works for the purposes
of any such railway, or used or to be used in connection with it when operated,
constructed or repaired by the company which owns or operates the railway.
*The hazardous industries added to the various groups in this section by
Chapter 622, Laws of 1916, are printed in italics.
â€” 23 â€”
Group 4. The operation, including construction and repair, of car shops,
machine shops, steam and power plants, not included in group three.
Group 5. The operation, including construction and repair, of telephone
lines and wires for the purposes of the business of a telephone company, or
used or to be used in connection with its business, when constructed or
operated by the company.
Group 6. The operation, including construction and repair, of telegraph
lines and wires for the purposes of the business of a telegraph company, or
used or to be used in connection with its business, when constructed or
operated by the company.
Group 7. Construction or repair of telegraph and telephone lines not
included in groups five and six.
Group 8. The operation, within or without the state, including repair,
of vessels other than vessels of other states or countries used in interstate
or foreign commerce, when operated or repaired by the company; marine
Group 9. Shipbuilding, including construction and repair in a shipyard
or elsewhere, not included in group eight.
Group 10. Longshore work, including the loading or unloading of car-
goes or parts of cargoes of grain, coal, ore, freight, general merchandise,
lumber or other products or materials, or moving or handling the same on
any dock, platform or place, or in any warehouse or other place of storage.
Group 11. Dredging, subaqueous or caisson construction or repair, and
Group 12. Construction, installation, repair or operation of electric light
and electric power lines, dynamos, or appliances, and power transmission lines.
Group 13. Paving; road-building, curb and sidewalk construction or
repair; sewer and subway construction or repair, work under compressed air,
excavation, tunneling and shaft sinking, well digging, laying and repair of
underground pipes, cables and wires, not included in other groups; street
cleaning, ashes, garbage or snow removal; operation of water works.
Group 14. Lumbering; logging, river-driving, rafting, booming, saw
mills, bark mills; shingle mills, lath mills, lumber yards; manufacture of
veneer and of excelsior; manufacture of barrels, kegs, vats, tubs, staves,
spokes, or headings.
Group 15. Pulp and paper mills.
Group 16. Manufacture of furniture, interior woodwork, organs, pianos,
piano actions, canoes, small boats, coffins, wicker and rattan ware; upholster-
ing; manufacture of mattresses or bed springs.
Group 17. Planing mills, sash and door factories, manufacture of wooden
and corrugated paper boxes, cheese boxes, mouldings, window and door
screens, window shades, carpet sweepers, wooden toys, wooden articles and
wares or baskets; cork cutting.
Group 18, Mining; reduction of ores and smelting; preparation of metals
or minerals; oil and gas wells.
Group 19. Quarries; sand, shale, clay or gravel pits, lime kilns; manu-