What's happening
This bill makes it presumed that a worker's death from opioid overdose is compensable if opioids were prescribed for a workplace injury.
Why it matters
Shifts the burden of proof. By establishing a presumption that an opioid overdose death is work-related if opioids were prescribed for a workplace injury, families of deceased workers won’t have to prove the direct connection between the death and the original injury—making it easier to access benefits.
Addresses the opioid crisis’s impact on workers. The bill recognizes how prescription opioids, intended to treat workplace injuries, can lead to fatal overdoses, linking workplace safety and public health in a way that could affect employer practices and medical oversight.
Potential financial implications for employers and insurers. Expanding the definition of compensable deaths could lead to increased workers’ compensation claims and costs, which may influence how employers and insurers approach pain management and prescription policies for injured workers.
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Who cares
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Cover Opioid Overdose Deaths
Plain English, a few words. Used as the page title.
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.
Cover Opioid Deaths for Workers
In Senate Committee · Labor · Sponsor Diane J. Savino
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5075
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
Introduced by M. of A. JEAN-PIERRE, WILLIAMS, FERNANDEZ, DICKENS, ORTIZ, D'URSO, BARRON, ARROYO, RIVERA, DAVILA, MOSLEY, RICHARDSON, ABBATE, COOK, SIMON -- read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to presumptions in opioid overdose claims for compensation
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 the death of an injured worker due to opioid overdose is compensable where that injured worker was prescribed opioids as a result of his or her workplace injury.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05604-01-9
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.