Establishes the veterans' special disability fund to provide incentives to employers to hire veterans who were previously injured during active military duty

Title of bill

An act to amend the workers' compensation law, in relation to establishing the veterans' special disability fund to provide incentives to employers to hire veterans who have sustained an injury or physical impairment during active military duty

Purpose

To establish the veterans' special disability fund to provide incentives to employers who hire veterans who have sustained an injury or physical impairment during active duty. This fund was taken away when the Second Injury Fund was eliminated as part of the Workers Comp Reform.

Summary of specific provisions

Amends clause (A) of subparagraph 2 of paragraph (h) of subdivision 8 of section 15 of the worker's compensation law, as amended by section 8 of part GG of chapter 57 of the laws of 2013, is amended by changing the date to "On or after July first, two thousand fifteen" and a new subparagraph B is added.

Justification

At a time of war, when the ration of injured to "killed-in-action" servicemen and women is at an all time high (16 injured to one KIA), New York needs a veterans' special disability fund more than ever. The fund was taken away when the Second Injury Fund was eliminated earlier this year as part of the Workers Comp Reform. It was expressly established over 60 years ago to provide incentives to employers to help surviving combatants re-assimilate into the economy.

The fund comes to the rescue of disabled veterans where the Americans with Disabilities Act has faltered. The need for the fund is greater than ever. The ADA, which seeks to prohibit employers from discriminating against workers with prior conditions, does not apply to employers with 15 or fewer employees. Yet, these are precisely the businesses that employ the bulk of the disabled population, especially our returning vets. The fund for them, acts as a low cost insurance policy which helps to protect against the extra expense when hiring handicapped employees and keeping them gainfully employed. Furthermore, once such an individual is hired, the ADA does nothing to protect the worker's benefit level or contain costs for the employer when the prior condition complicates or extends a worker's comp disability.

Prior legislative history

2011:12: S.7038/A.887 Referred to Labor 2013-14: S.545 Referred to Labor

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that the chair of the workers' compensation board and the commissioner of taxation and finance shall be authorized and directed to promulgate any rules and/or regulations necessary for the implementation of this act on or before its effective date.