What's happening
This bill expands workers’ compensation protections for correctional staff, making it easier for them to claim mental injury from extraordinary work-related stress.
Why it matters
Correctional staff will have improved access to workers’ compensation for mental health injuries. By explicitly including correction officers and supervisory staff, the bill recognizes that their roles involve unique and significant risks for mental stress, similar to police and emergency responders.
The standard for denying mental injury claims is being lowered for correctional staff. The Workers’ Compensation Board cannot reject their claims on the grounds that the stress they experienced was no greater than what is “normal” for their job, acknowledging that “normal” for these jobs is often already highly stressful.
May lead to broader recognition of mental health impacts in high-stress public safety jobs. This amendment could set a precedent for how mental injury claims are handled for other public-sector positions, encouraging more comprehensive mental health support and benefits for those in dangerous or traumatic roles.
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Who cares
Headline styles
Expand Workers' Compensation Coverage
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to labor
- Reported and committed to rules
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5954
2017-2018 Regular Sessions
IN SENATE
May 8, 2017
Introduced by Sens. ALCANTARA, SAVINO, PERALTA, VALESKY, KLEIN, CARLUC- CI, GALLIVAN, HAMILTON, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
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. Paragraph (b) of subdivision 3 of section 10 of the workers' compensation law, as added by section 1 of subpart I of part NNN of chapter 59 of the laws of 2017, is amended to read as follows:
(b) Where a police officer or firefighter subject to section thirty of this article, or emergency medical technician, paramedic, or other person certified to provide medical care in emergencies, or emergency dispatcher or correction officer, sergeant, captain, corporal, lieutenant, deputy warden or warden employed by the New York state department of corrections and community supervision, the department of correction of the city of New York or any county or municipality files a claim for mental injury premised upon extraordinary work-related stress incurred in a work-related emergency, the board may not disallow the claim, upon a factual finding that the stress was not greater than that which usually occurs in the normal work environment.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11525-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the workers' compensation law, in relation to liability for compensation
Purpose
To provide for PTSD coverage for State, City and Municipal Corrections Officer under Workers' Compensation
Summary of provisions
Amends paragraph (b) of subdivision 3 of section 10 of the workers' compensation law, as added by section 1 of subpart I of part NNN of chapter 59 of the laws of 2017 to add:
correction officers, sergeants, captains, corporals, lieutenants, deputy wardens or wardens employed by the State, the City of New York or any county or municipality to those who should be covered for work related mental injury due to work related stress despite any finding that the s stress was not greater than that which normally occurs in the work environment to allow for workers compensation coverage for these injuries.
Justification
In the 2017 budget PTSD coverage was added for certain first responders who face stress-related injuries but were barred from such coverage due to court rulings that this was in the normal course of their occupation.
Correction Officers face this same problem. Court cases have interpreted that mental stress was not out of the ordinary for Correction Officers therefore making stress-related claims for workers' compensation not compensable. This must be corrected to provide the officers with appropriate health coverage and provide for a secure work environment within out State, City and County correctional facilities
According to, Correctional Officer Health and Safety Literature Review a 2013 report by the U.S. Department of Justice, Corrections Officers face many different stressors among them:
* Inmate-related: threat of violence/injury, inmate mental illness, substance abuse
* Occupational: closed work environment and need for hyper-vigilance
* Organizational/administrative: inadequate resources and understaffing
* Psycho-social: fear, work/family conflict, media scrutiny.
Correction Officers must provide care, custody and control over an often-uncooperative inmate population. Findings of a new IDC report: Corrections Without Protections: The Increasing Dangers Facing New York's Boldest Officers. This report focuses on the alarming increase in assaults by inmates on correction officers, the rise in contraband entering jails and prisons, and the increase in inmate on inmate assaults, despite the decline in the inmate population in the state of New York.
Providing workers' compensation coverage for stress-related injuries will ensure the safety of our state correctional facilities, but providing for proper health coverage for those suffering and seeking help for stress related injuries.
Legislative history
New Bill.
Fiscal impact
None to State or Local Governments.
Effective date
The act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.