N.Y. EML Law § 11

§ 11. Settlement of disputes. Any question of law or fact arising in\nregard to the application of the plan in determining the compensation\npayable thereunder or otherwise shall be determined either by agreement\nor by arbitration, or by an action at law as herein provided. In case\nthe employer shall be in default in any of his obligations to the\nemployee under the plan, the injured employee or his committee,\nconservator or guardian, if such be appointed, or his executor or\nadministrator, may then bring an action to recover compensation under\nthe plan in any court having jurisdiction thereof as on a written\ncontract. Such action shall be conducted in the same manner as an action\nat law for the recovery of damages for breach of a written contract, and\nshall for all purposes, including the determination of jurisdiction, be\ndeemed such an action. The judgment in such action, in favor of the\nplaintiff, shall be for a lump sum equal to the amount of the payments\nthen due and prospectively due under the plan. In such action by an\nexecutor or administrator the judgment may provide the proportions of\nthe award or the costs to be distributed to or between the several\ndependents. If such determination is not made it shall be determined by\nthe surrogate's court by which such executor or administrator is\nappointed, in accordance with the terms of this article on petition of\nany party on such notice as such court may direct.\n