What's happening
This bill amends workers' compensation law to deny benefits to employees injured while committing certain felonies or serious offenses.
Why it matters
Expands exceptions to workers' compensation. The bill adds a broad list of felonies and serious offenses (including certain violent crimes and vehicular crimes) to the reasons an employer can deny workers' compensation, not just intoxication or willful self-harm as previously.
Requires conviction for denial. Employees must actually be convicted of one of the specified crimes for the workers’ compensation denial to apply, increasing the stakes of criminal proceedings for injured workers.
Employer protections during criminal proceedings. Employers who delay or suspend compensation payments to an employee while criminal charges are pending are shielded from penalties for non-payment, reducing their financial risk during lengthy court cases.
Ambiguity for acquitted employees. If an employee is acquitted or charges are dismissed, the law says this does not automatically make the employee eligible for compensation, potentially making it harder for them to claim benefits even after being cleared.
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Who cares
Employers subject to workers’ compensation law
The bill would eliminate compensation liability for injuries caused solely by an employee’s commission of a listed offense if the employee is convicted.
Employees facing charges for listed offenses
Employers could stop or withhold compensation while criminal proceedings are pending without incurring nonpayment penalties under the workers’ compensation law.
Injured employees acquitted or whose charges are dismissed
The bill would specify that acquittal or dismissal does not create a presumption of eligibility for workers’ compensation.
Headline styles
No Injury Pay During Felony
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6201
2019-2020 Regular Sessions
IN ASSEMBLY
March 4, 2019
Introduced by M. of A. PERRY -- read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to limiting liability for compensation in cases when the claim is made by an employee who sustained his or her injury during the commission of certain felonies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 10 of the workers' compensation law, as amended by chapter 924 of the laws of 1990, is amended and a new subdivision 5 is added to read as follows:
1. Every employer subject to this chapter shall in accordance with this chapter, except as otherwise provided in section twenty-five-a [hereof] of this article, secure compensation to his employees and pay or provide compensation for their disability or death from injury arising out of and in the course of the employment without regard to fault as a cause of the injury, except that there shall be no liability for compensation under this chapter when the injury has been solely occasioned by intoxication from alcohol or a controlled substance of the injured employee while on duty; or by wilful intention of the injured employee to bring about the injury or death of himself or another; or by the commission of an offense specified in subdivision five of this section; or where the injury was sustained in or caused by voluntary participation in an off-duty athletic activity not constituting part of the employee's work related duties unless the employer (a) requires the employee to participate in such activity, (b) compensates the employee for participating in such activity or (c) otherwise sponsors the activity.
5. There shall be no liability for compensation under this chapter when the injury has been solely occasioned through the commission by the injured employee of an offense specified in section eleven hundred nine-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06667-01-9
A. 6201 2
ty-two or eleven hundred ninety-two-a of the vehicle and traffic law or an offense specified in article one hundred twenty, one hundred twentyone, one hundred thirty or one hundred thirty-five of the penal law or an offense specified in section 125.10 (criminally negligent homicide), 125.11 (aggravated criminally negligent homicide), 125.12 (vehicular manslaughter in the second degree), 125.13 (vehicular manslaughter in the first degree), 125.14 (aggravated vehicular homicide), 125.15 (manslaughter in the second degree), 125.20 (manslaughter in the first degree), 125.21 (aggravated manslaughter in the second degree), 125.22 (aggravated manslaughter in the first degree), 125.25 (murder in the second degree), 125.26 (aggravated murder) or 125.27 (murder in the first degree) of the penal law and the employee has been convicted of such offense. Acquittal or dismissal of charges relating to the offense shall not give rise to a presumption that the employee is eligible for compensation under this chapter. An employer who terminates or refuses to pay compensation to an employee until the termination of any pending criminal proceedings shall not be liable for any penalty under this chapter for non-payment of compensation.
§ 2. This act shall take effect immediately.
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.