APPENDIX EMPLOYERS' LIABILITY ACT AND ELECTIVE COMPENSA TION LAW. SEC. 64 OF THE RAILROAD LAW-INJURIES TO RAILROAD EMPLOYEES. ART. 1, SEC. 19, STATE CONSTITUTION-AUTHORIZING THE COMPENSATION LAW. ART. 1, SEC. 18, STATE CONSTITUTION-RELATING TO DEATH CASES. SEC. 1902, CODE OF CIVIL PROCEDURE-RELATING TO DEATH CASES. FEDERAL EMPLOYERS' LIABILITY ACT. EMPLOYERS' LIABILITY ACT AND ELECTIVE COMPENSATION LAW. The Labor Law. Chapter 31 of the Consolidated Laws. Article 14. NOTE: The provisions of Section 200 to 204 inclusive of this article of the Labor Law have no application to the employments enumerated in Section 2 of the Workmen's Compensation Law, as to any accident occurring since July 1, 1914. Sections 205 to 212 inclusive comprise the Elective Compensation Statute. These sections have no application except to the employments which are omitted from Section 2 of the Workmen's Compensation Law, and so far as is consistent therewith are superseded by the elective provisions added to the compensation law in 1916. Section 200. Employer's liability for injuries. accident. 202. Assumption of risks; contributory negli- 202-a. 203. 205. Defense; insurance fund. 204. Existing rights of action continued. Consent by employer and employee to compensation plan. 206. 207. Liability to pay compensation; notice of Amount of compensation; persons entitled; physical examination. 208. Settlement of disputes. 209. Preferential claim; not assignable or subject to attachment; attorney's fee. Cancellation of consent. 210. 211. Reports of compensation plan. When per § 200. Employer's liability for injuries. sonal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition. (Subd. 1 am'd by L. 1910, Ch. 352.) 2. By reason of the negligence of any person in the service of the employer intrusted with any superintendence or by reason of the negligence of any person intrusted with authority to direct, control or command any employee in the performance of the duty of such employee. The employee, or in case the injury results in death, the executor or administrator of a deceased employee who has left him surviving a husband, wife or next of kin, shall have the same right of compensation and remedies against the employer as if the employee had not been an employee of nor in the service of the employer nor engaged in his work. The provisions of law relating to actions for causing death by negligence, so far as the same are consistent with this act, shall apply to an action brought by an executor or administrator of a deceased employee, suing under the provisions of this article. If an employer enters into a contract, written or verbal, with an independent contractor to do part of such employer's work, or if such contractor enters into a contract with a subcontractor to do all or any part of the work comprised in such contractor's contract with the employer, such contract or subcontract shall not bar the liability of the employer for the injuries to the employees of such contractor or subcontractor, caused by any defect in the condition of the ways, works, machinery, or plant, if they are the property of the employer or are furnished by him, and if such defect arose, or had not been discovered or remedied, through the negligence of the employer, or of some person intrusted by him with the duty of seeing that they were in proper condition. (Sub. 2 am'd by L. 1910, Ch. 352.) For definition of the word "plant," see Wiley vs. Solvay Process Company, 215 N. Y. 584. Lipstein vs. Provident Loan Society, 154 App. Div. 732. Fresusk vs. Pittsburg Contracting Co., 159 App. Div. 356. Kenz vs. Bernheimer & Schwartz Pils. Brewing Co., 162 App. Div. 777. Drury vs. American Fruit Product Co., 163 App. Div. 509. For the responsibility of the owner for the safety of an employee of a contractor, see Kenz vs. B. & S. Pilsner Brewing Co., 162 App. Div. 777. § 201. Notice to be served. No action for recovery of compensation for injury or death under this article shall be maintained unless notice of the time, place and cause of the injury is given to the employer within one hundred and twenty days and the action is commenced within one year after the occurrence of the accident causing the injury or death. The notice required by this section shall be in writing and signed by the person injured or by some one in his behalf, but if from physical or mental incapacity it is impossible for the person injured to give notice within the time provided in this section, he may give the same within ten days after such incapacity is removed. In case of his death without having given such notice, his executor or administrator may give such notice within sixty days after his appointment, but no notice under the provisions of this section shall be deemed to be invalid or insufficient solely by reason of any inaccuracy in stating the time, place or cause of the injury if it be shown that there was no intention to mislead and that the party entitled to notice was not in fact misled thereby. If such notice does not apprise the employer of the time, place or cause of injury, he may, within eight days after service thereof, serve upon the sender a written demand for a further notice, which demand must specify the particular in which the first notice is claimed to be defective, and a failure by the employer to make such demand as herein provided shall be a waiver of all defects that the notice may contain. After service of such demand as herein provided, the sender of such notice may at any time within eight days thereafter |