N.Y. Workers' Comp. Law § 305

Current through 2024 NY Law Chapter 456

Section 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.

N.Y. Work. Comp. Law § 305