What's happening
This bill amends workers' compensation law to deny benefits if an employee is injured while committing a crime for which they are convicted.
Why it matters
Expands employer protections by denying workers’ compensation benefits to employees injured while committing a crime, but only if the employee is actually convicted. This means that merely being suspected or charged is not enough—there must be a legal conviction for the denial to apply.
Could discourage criminal activity in the workplace by creating a direct financial consequence (loss of benefits) for those who are injured while committing a felony or misdemeanor. Employees may be less likely to take such risks knowing they could lose compensation rights.
May affect the families of convicted employees, potentially leaving them without support if an injury or death occurs during criminal conduct. This could increase the financial and social impact on dependents and communities.
Raises questions about due process and timing, since workers’ compensation claims often need to be processed quickly, but criminal proceedings and convictions can take months or even years. This may delay benefits or complicate the claims process for employers and insurers.
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Who cares
Headline styles
Deny Benefits for Crime Injuries
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
3 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2081
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. SCHIMMINGER, GOODELL -- Multi-Sponsored by -- M. of A. GALEF, KOLB, MAGEE -- read once and referred to the Committee on Codes
AN ACT to amend the workers' compensation law, in relation to liability for compensation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 10 of the workers' compensation law, as amended by chapter 924 of the laws of 1990, is amended to read as follows:
1. Every employer subject to this chapter shall in accordance with this chapter, except as otherwise provided in section twenty-five-a hereof, secure compensation to his employees and pay or provide compensation for their disability or death from injury arising out of and in the course of the employment without regard to fault as a cause of the injury, except that there shall be no liability for compensation under this chapter when the injury has been solely occasioned by intoxication from alcohol or a controlled substance of the injured employee while on duty; or by wilful intention of the injured employee to bring about the injury or death of himself, herself or another; or where the injury or occupational disease was sustained by the injured employee in the perpetration of a felony or misdemeanor for which the employee is convicted; or where the injury was sustained in or caused by voluntary participation in an off-duty athletic activity not constituting part of the employee's work related duties unless the employer (a) requires the employee to participate in such activity, (b) compensates the employee for participating in such activity or (c) otherwise sponsors the activity.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05719-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.