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N.Y. VAW Law § 40

This is the official text of N.Y. VAW Law § 40, part of New York’s VAW Law — part of the compiled statutory law of New York, published by the state as "VAW Law." Browse the sections below, each linked to its official government source.

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Notice of injury or death

Official statutory text

§ 40. Notice of injury or death. Notice of an injury or death for\nwhich benefits are to be paid or provided under this chapter shall be\ngiven to the political subdivision or the volunteer ambulance company\nliable for the payment thereof within ninety days after such injury or\ndeath except that such notice need not be given if a claim is filed\npursuant to section forty-one of this article within ninety days after\nsuch injury or death. Either such notice may be given by any person\nclaiming to be entitled to such benefits or by someone in his behalf.\nThe notice shall be in writing, shall contain the name and address of\nthe volunteer ambulance worker, and state in ordinary language the time,\nplace, nature and cause of the injury and shall be signed by him or by a\nperson on his behalf or, in case of death, by any one or more of his\ndependents, or by a person on their behalf. The notice shall be given to\nthe clerk of the board of supervisors of the county, the comptroller or\nchief financial officer of the city, the town clerk of the town, the\nclerk of the village, the secretary of the ambulance district or the\nvolunteer ambulance company, as the case may be, by delivering it to\nsuch officer or by registered letter properly addressed to such officer.\nThe failure to give notice of injury or notice of death shall be a bar\nto any claim under this chapter unless such failure is excused by the\nworkers' compensation board on any of the following grounds, (1) that\nfor some sufficient reason the notice could not have been given, (2)\nthat a member of a body in charge of, or any officer of, the ambulance\ndistrict or ambulance company had knowledge within such ninety-day\nperiod of the injuries or death, (3) that the political subdivision, or\nits insurance carrier had not been prejudiced by a delay in giving such\nnotice, or (4) that the cause of disablement or death was not known to\nbe the result of service performed in line of duty as a volunteer\nambulance worker in sufficient time to comply with the provisions of\nthis section.\n

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.