What's happening
This bill expands workers' compensation eligibility for mental injury due to extraordinary work-related stress to all workers, not just emergency responders.
Why it matters
Broader mental health coverage for all workers. By expanding eligibility beyond emergency responders, this bill recognizes that extraordinary work-related stress—and resulting mental injuries—can affect employees in any occupation, not just those in high-risk professions.
Removes a key barrier to claims. The bill prevents the workers’ compensation board from denying claims solely on the grounds that a worker’s stress was not greater than the “normal” work environment, making it easier for employees to access benefits for mental injuries caused by unusual job stress.
Signals changing attitudes toward workplace mental health. By updating the law, New York acknowledges the growing impact of mental health issues in the workplace and the importance of supporting affected workers, potentially setting a precedent for other states or sectors.
Potentially increased employer accountability. With more workers able to claim compensation for extraordinary stress, employers may have a stronger incentive to address stressful workplace conditions and invest in mental health supports.
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Who cares
Headline styles
Expand Mental Injury Protections
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to labor
- Reported and committed to rules
- 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 Mental Injury Protections
In Assembly Committee · Labor · Sponsor Peter Abbate
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6495
2017-2018 Regular Sessions
IN SENATE
May 25, 2017
Introduced by Sens. ALCANTARA, SAVINO -- 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 claims for mental injury premised upon extraordinary work-related stress
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] worker files a claim for mental injury premised upon extraordinary work-related stress incurred [in a work-related emergency] at work, 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.
LBD11828-01-7
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 claims for mental injury premised upon extraordinary work-related stress
Purpose or general idea of the bill
To provide all workers with recourse for extraordinary work-related stress (PTSD) incurred at work, through the workers' compensation system.
Summary of specific provisions
Section one amends paragraph (b) of subdivision b 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 as follows:
"Where a worker files a claim for mental injury premised upon extraordinary work-related stress incurred 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."
Section two provides the effective date.
Justification
In the 2017 enacted 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.
This bill covers all workers, to ensure that work-related PTSD is properly identified and treated as part of the workers compensation system.
Prior legislative history
New bill.
Fiscal implications for state and local government
None.
Effective date
This bill shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.