What's happening
This bill amends workers' compensation law to presume injured workers who don't refuse reemployment haven't voluntarily left the labor market.
Why it matters
Protects injured workers’ benefits by making it harder for insurers or employers to claim someone “left the workforce” and deny ongoing compensation. unless the worker actually refuses a job offer, they’re presumed to still be seeking employment.
Shifts the legal burden. to employers/insurers to prove that an injured worker has voluntarily withdrawn from the labor market, rather than requiring the worker to prove ongoing attachment.
Reduces pressure on injured workers to accept any reemployment offer. (even unsuitable ones), since simply not refusing a legitimate offer is enough to maintain the presumption of workforce participation.
May encourage fairer treatment and more consistent benefits for injured workers. , reducing litigation and disputes over whether someone has “voluntarily” left the labor market after an injury.
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Who cares
Headline styles
Protect Injured Workers’ Benefits
Plain English, a few words. Used as the page title.
Sponsors
1 Co-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.
Protect Injured Workers' Rights
Assembly Floor Calendar · Sponsor Daniel Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7865
IN SENATE
March 5, 2018
Introduced by Sens. SAVINO, ALCANTARA -- 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 presumptions for injured workers who have not refused an offer of reemployment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 21 of the workers' compensation law, subdivision 5 as amended by chapter 268 of the laws of 1946, is amended to read as follows:
§ 21. Presumptions. In any proceeding for the enforcement of a claim for compensation under this chapter, it shall be presumed in the absence of substantial evidence to the contrary:
1. That the claim comes within the provision of this chapter[;].
2. That sufficient notice thereof was given[;].
3. That the injury was not occasioned by the willful intention of the injured employee to bring about the injury or death of himself or of another[;].
4. That the injury did not result solely from the intoxication of the injured employee while on duty.
5. That the contents of medical and surgical reports introduced in evidence by claimants for compensation shall constitute prima facie evidence of fact as to the matter contained therein.
6. That an injured worker who has not refused an offer of reemployment from his or her employer has not voluntarily withdrawn from the labor market.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14817-01-8
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 presump- tions for injured workers who have not refused an offer of reemployment
Purpose
To prevent insurance carriers from denying benefits to injured workers based on injured workers' voluntary withdrawal from the labor market unless an injured worker has refused reemployment.
Summary of provisions
Section 1 of this bill amends section 21 of the workers' compensation law to create a presumption that injured workers have not voluntarily withdrawn from the labor market unless they have refused reemployment.
Justification
Under current law, in order to continue receiving indemnity benefits, injured workers must maintain attachment to the labor market. Attach- ment is a legal fiction that presumes an injured worker could seek and find employment consistent with the limitations created by their injury. Securing light duty work with a new employer is almost always impossi- ble. At the same time, employers are not required to offer workers injured in their employ light duty work. Thus, the system requires injured workers to seek work that they cannot reasonably expect to find. If injured workers stop seeking work or fail to properly document their search, insurance carriers can and do shirk their responsibility to provide for injured workers by claiming that those injured workers have voluntarily withdrawn from the labor market. This bill would correct that inequity. This bill also has the potential to reduce costs for employers by reducing frictional costs associated with litigating this issue. Currently, those frictional costs are usually considered losses for purposes of setting premiums and are passed directly to employers.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This 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.