What's happening
The bill raises the age limit and includes apprentices for considering expected wage increases in workers' compensation calculations.
Why it matters
Expanding the age threshold from 25 to 35 means more injured workers will have their future wage growth considered, potentially increasing compensation for a broader group, especially those in mid-career transitions or new fields.
By explicitly including apprentices in state-approved programs, the bill acknowledges the likelihood of wage increases for those in training, ensuring their compensation better reflects their career trajectory rather than just their entry-level pay.
Changing “may” to “shall” in the law makes it mandatory—not optional—for wage increases to be considered for eligible workers, reducing discretion and increasing fairness and predictability in workers' compensation awards.
This adjustment aims to better match compensation with the real economic losses faced by younger and apprentice workers, potentially reducing financial hardship and supporting more accurate recovery planning after workplace injuries.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Boost Wages for Injured Workers
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.
Expand Injury Wage Protections
Assembly Floor Calendar · Sponsor Harry B. Bronson
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8035
IN SENATE
March 21, 2018
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 weekly wages basis of compensation for certain injured employees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 14 of the workers' compensation law, as amended by chapter 730 of the laws of 1978, is amended to read as follows:
5. If it be established that the injured employee was under the age of [twenty-five] thirty-five when injured, or was accepted to or enrolled in an apprenticeship training program approved by the commissioner of labor pursuant to article twenty-three of the labor law, and that under normal conditions his or her wages would be expected to increase, that fact [may] shall be considered in arriving at his or her average weekly wages.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14816-01-8
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 weekly wages basis of compensation for certain injured employees
Purpose
To require consideration of additional factors in determining whether injured workers' earning capacity could be expected to increase.
Summary of provisions
Section 1 of this bill amends subdivision 5 of section 14 of the Work- ers' Compensation Law to require consideration of additional factors in determining whether an injured worker's earning capacity would be expected to increase.
Section 2 of this bill provides that it shall become effective imme- diately.
Justification
In determining appropriate indemnity benefit levels, judges are permit- ted to consider expected increases in wages for injured workers who are under the age of 25. This bill would raise that age to under 35 and would permit judges to consider expected increases for any injured work- er, regardless of age, if they participate in an apprenticeship training program approved by the commissioner of labor. This bill acknowledges the realities that apprentices have a clear path to higher wages and better terms and conditions of employment, that people are living and working longer and that it is taking young workers ever longer to estab- lish themselves in the workplace.
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.