N.Y. Laws » CHAPTER Workers' Compensation / ARTICLE Occupational Diseases
New York Consolidated Laws

N.Y. Workers' Compensation Law § 44 (2026)

Liability of employer

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 44. Liability of employer. The total compensation due shall be
recoverable from the employer who last employed the employee in the
employment to the nature of which the disease was due and in which it
was contracted. If, however, such disease, except silicosis or other
dust disease and compressed air illness or its sequelae, was contracted
while such employee was in the employment of a prior employer, the
employer who is made liable for the total compensation as provided by
this section, may appeal to the board for an apportionment of such
compensation among the several employers who since the contraction of
such disease shall have employed such employee in the employment to the
nature of which the disease was due. Such apportionment shall be
proportioned to the time such employee was employed in the service of
such employers, and shall be determined only after a hearing, notice of
the time and place of which shall have been given to every employer
alleged to be liable for any portion of such compensation. If the board
finds that any portion of such compensation is payable by an employer
prior to the employer who is made liable for the total compensation as
provided by this section, it shall make an award accordingly in favor of
the last employer, and such award may be enforced in the same manner as
an award for compensation.
Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2020–2023 · leading case: Matter of Delaney v. John P. Picone, Inc., 215 A.D.3d 1108 (N.Y. App. Div. 3d Dep't 2023).
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Matter of Delaney v. John P. Picone, Inc., 215 A.D.3d 1108 (N.Y. App. Div. 3d Dep't 2023). · cites it 10× “Initially, it is uncontroverted that claimant sustained a causally-related occupational disease ( see Workers' Compensation Law § 2 [15]), which is treated as an accident for purposes of workers' compensation liability ( see Workers' Compensation Law §§ 3 [2] [30]; 38).”
Matter of Candela v. Skanska USA Bldg. Inc., 211 A.D.3d 1273 (N.Y. App. Div. 3d Dep't 2022). · cites it 7× “To ascertain the proper employer and/or carrier on the risk in an occupational disease case such as this, it must first be determined whether a claimant's disability derives from an occupational disease ( see Workers' Compensation Law §§ 3 [2] [30]; 44) or from "[s]ilicosis or…”
Matter of Gimber v. Eastman Kodak Co., 181 A.D.3d 1123 (N.Y. App. Div. 3d Dep't 2020). · cites it 2× “Kodak and its workers' compensation carrier (hereinafter collectively referred to as the carrier) controverted the claim and, in the alternative, sought to apportion liability for the claim between itself and decedent's prior employer, International Paper Company, pursuant to…”
Matter of Freyta v. Calvin Maint. Inc., 220 A.D.3d 1036 (N.Y. App. Div. 3d Dep't 2023). · cites it 2× “, 211 AD3d 1273 , 1274 [3d Dept 2022] [internal quotation marks, brackets and citation omitted]; see Workers' Compensation Law § 44; Matter of Delaney v John P.”
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