What's happening
This bill amends workers' compensation law to automatically classify employees approved for federal social security disability benefits as permanently totally disabled.
Why it matters
Streamlines the process for workers with federal Social Security Disability approval. If a worker is granted federal SSDI benefits due to a work-related injury or occupational disease, they will automatically be considered permanently totally disabled for state workers’ compensation purposes, reducing the need for additional state-level disability adjudication.
Potentially expedites access to full disability benefits. Injured employees who qualify for federal Social Security Disability may receive state benefits more quickly and with less administrative burden, potentially improving financial stability during recovery.
May reduce legal and administrative disputes. By aligning state classification with federal disability determinations, the bill could decrease the frequency of appeals and hearings over disability status, saving time and resources for both workers and insurers.
Could impact insurance costs and employer liability. Automatic classification of permanent total disability based on federal standards might increase the number of workers qualifying for maximum benefits, potentially affecting workers’ compensation insurance premiums and employer financial exposure.
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Who cares
Injured workers approved for federal Social Security disability benefits
Approval tied to a compensable accident or occupational disease would establish permanent total disability for workers’ compensation purposes unless conclusive proof shows otherwise.
Employers and workers’ compensation insurers
The bill would expand the circumstances establishing permanent total disability, which carries benefits of two-thirds of average weekly wages during the disability.
Workers’ compensation adjudicators
They would apply the new Social Security disability approval standard rather than determine permanent total disability solely from the facts in those cases.
Headline styles
Expand Disability Benefit Eligibility
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
1 Multi-sponsor
History
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Disability Benefits Eligibility
In Senate Committee · Labor · Sponsor José Peralta
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9536
IN ASSEMBLY
January 19, 2018
Introduced by M. of A. BENEDETTO -- read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to permanent total disability
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 15 of the workers' compensation law, as amended by chapter 675 of the laws of 1977, is amended to read as follows:
1. Permanent total disability. In case of total disability adjudged to be permanent sixty-six and two-thirds per centum of the average weekly wages shall be paid to the employee during the continuance of such total disability. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof or approval for federal social security disability benefits as a result of the compensable accident or occupational disease shall, in the absence of conclusive proof to the contrary, constitute permanent total disability. In all other cases permanent total disability shall be determined in accordance with the facts. Notwithstanding any other provision of this chapter, an injured employee disabled due to the loss or total loss of use of both eyes, or both hands, or both arms, or both feet, or both legs, or of any two thereof shall not suffer any diminution of his or her compensation by engaging in business or employment provided his or her earnings or wages, when combined with his or her compensation, shall not be in excess of the wage base on which the maximum weekly compensation benefit is computed under the law in effect at time of such earning; further provided, that if the combination exceeds such wage base, the compensation shall be diminished to an amount which, together with his or her earnings or wages, shall equal the wage base; and further provided that the application of this subdivision shall not result in reduction of compensation which an injured employee who is disabled due to the loss or total loss of use of both eyes, or both hands, or both arms, or both feet, or both legs or of any two thereof, would otherwise be entitled to under any other provision of this section.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14254-01-8
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.