What's happening
This bill allows widows and dependents of workers who died from cancer caused by diesel exhaust more time to file workers' compensation death benefit claims.
Why it matters
Recognizes the long latency of cancer from diesel exposure. By allowing a new window for filing claims, the bill acknowledges that occupational cancers often appear years after exposure, and that families might otherwise miss out on death benefits due to strict filing deadlines.
Addresses gaps in current law for occupational disease. Existing workers' compensation time limits can unfairly exclude cases where the connection between workplace exposure and cancer becomes clear only after significant time has passed; this bill corrects that for diesel-related cancer deaths.
Provides financial security for affected families. The change can make a significant difference for widows and dependents who may have been denied compensation due to late recognition of the work-related cause of death, offering overdue support at a critical time.
May set a precedent for handling other occupational diseases. By expanding filing opportunities for diesel-exhaust cancer cases, the bill could influence future legislation for other diseases with delayed onset tied to workplace exposures.
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Who cares
Headline styles
Allow Diesel Cancer Death Claims
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to labor
- 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.
Death Benefits for Diesel Victims
In Senate Committee · Labor · Sponsor James Sanders Jr.
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2677
2019-2020 Regular Sessions
IN ASSEMBLY
January 24, 2019
Introduced by M. of A. BICHOTTE, PICHARDO, PERRY -- read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to providing a claim-filing opportunity for the widows and dependents of workers who died as a result of cancer caused by exposure to diesel exhaust
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as "the Nigro act".
§ 2. The workers' compensation law is amended by adding a new section 16-a to read as follows:
§ 16-a. Death benefits due to diesel exposure. Where death is due in whole or part to any cancer resulting from a hazardous exposure to diesel exhaust, a claim for death benefits shall not be disallowed as barred by section eighteen or section twenty-eight of this article if such claim is filed within one year of the effective date of this section. Such claims may be filed after such period in accordance with section eighteen and section twenty-eight of this article.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00463-01-9
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.