Section 10. Liability for compensation  


Latest version.
  • 1. Every employer subject to this
      chapter shall in accordance  with  this  chapter,  except  as  otherwise
      provided  in  section  twenty-five-a  hereof, secure compensation to his
      employees and pay or provide compensation for their disability or  death
      from  injury  arising out of and in the course of the employment without
      regard to fault as a cause of the injury, except that there shall be  no
      liability  for  compensation under this chapter when the injury has been
      solely occasioned by intoxication from alcohol or a controlled substance
      of the injured employee while on duty; or by  wilful  intention  of  the
      injured  employee  to  bring  about  the  injury  or death of himself or
      another; or where the injury was sustained in  or  caused  by  voluntary
      participation  in an off-duty athletic activity not constituting part of
      the employee's work related duties unless the employer (a) requires  the
      employee  to  participate in such activity, (b) compensates the employee
      for participating  in  such  activity  or  (c)  otherwise  sponsors  the
      activity.
        2.  Notwithstanding  any  other  provisions of this chapter, an injury
      incurred by an individual currently employed  as  an  emergency  medical
      technician  or an advanced emergency medical technician who is certified
      pursuant to section three thousand two of the public health  law,  while
      voluntarily  and  without expectation of monetary compensation rendering
      medical assistance at the scene of an accident shall be deemed  to  have
      arisen  out  of  and in the course of the employment with that emergency
      medical technician or advanced emergency  medical  technician's  current
      employer.
        3.  Notwithstanding  any  other  provisions  of  this chapter, where a
      public safety worker,  including  but  not  limited  to  a  firefighter,
      emergency   medical  technician,  police  officer,  correction  officer,
      civilian employee of the  department  of  corrections  or  other  person
      employed  by the state to work within a correctional facility maintained
      by the department of correctional services, driver and medical observer,
      in the course of performing his or her duties, is exposed to  the  blood
      or  other  bodily  fluids  of  another  individual  or  individuals, the
      executive officer of the appropriate ambulance, fire or police  district
      may  authorize  such  public  safety  worker  to  obtain  the  care  and
      treatment, including diagnosis, recommended medicine and  other  medical
      care  needed  to  ascertain  whether  such  individual was exposed to or
      contracted any communicable disease and such care and treatment shall be
      the  responsibility  of  the  insurance  carrier  of   the   appropriate
      ambulance, fire or police district or, if a public safety worker was not
      so  exposed  in  the  course  of performing his or her duties for such a
      district, then such person shall be covered for the  treatment  provided
      for  in this subdivision by the carrier of his or her employer when such
      person is acting in the scope of his or her employment. For the  purpose
      of  this  subdivision,  the  term  "public  safety worker" shall include
      persons who act for payment or who act as  volunteers  in  an  organized
      group  such as a rescue squad, police department, correctional facility,
      ambulance corps, fire department, or fire company.
        4. Any person incarcerated upon conviction of a felony shall be deemed
      ineligible for all benefits provided under this chapter. All those whose
      benefits have ceased by operation of this  section,  may  apply  to  the
      board   for  benefits  upon  their  release  from  custody  pursuant  to
      regulation of the board.