Increases the maximum weekly benefit payable to a disabled employee

Title of bill

An act to amend the workers' compensation law, in relation to increasing the maximum weekly benefit payable to a disabled employee

Purpose

This bill seeks too increase the amount of weekly disability payments under the workers' compensation law.

Summary of provisions

This bill would amend subdivision 2 of Section 204 of the Workers' Compensation Law, to increase the maximum weekly benefit payable to a disabled employee, as follows: A disabled employee would be entitled to receive for disability commencing:

(1) on or after July 1, 2010 to July 1, 2011; One-half of the employee's weekly wage, but not more than $380;

(2) on or after July 1, 2011; One-half of the employee's weekly wage, but not more than $400, except that if the employee's average weekly wage is less than twenty dollars, then such benefit shall be such average weekly wage.

Justification

Presently, the law provides that employees are entitled to disability payments if they have incurred an injury or sickness not arising out of the course of their employment, when such injury or sickness prevents them from performing the regular duties.

This bill would provide a long overdue increase the maximum weekly benefit payable to a disabled employee, and then increase the same over the next three years, to a maximum amount of $400 per week by July of 20 11.

Prior legislative history

2008: S.1952 - Referred to the Standing Committee on Labor

Fiscal implications

None noted.

Effective date

This act would take effect immediately.