What's happening
This bill allows workers with temporary partial disabilities to receive compensation without proving ongoing job market attachment, unless wage loss is unrelated to their disability.
Why it matters
Reduces administrative hurdles for injured workers. By removing the requirement to prove ongoing job market attachment, workers with temporary partial disabilities will find it easier to receive benefits while they recover, avoiding burdensome paperwork and hearings.
Streamlines compensation access. The bill enables more consistent and timely financial support for partially disabled workers who may be unable to seek or secure employment due to their injury, helping to stabilize their income during recovery.
Shifts burden of proof to employers or insurers. If there is a dispute, it’s up to the workers’ compensation board (and potentially the employer or insurer) to show that wage loss is unrelated to the disability, rather than requiring the worker to continuously prove their efforts to find work.
Could improve worker well-being and rehabilitation. The change may reduce stress and uncertainty for injured employees, allowing them to focus on rehabilitation without worrying about losing benefits for reasons unrelated to their actual disability.
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Ease Disability Benefit Rules
Plain English, a few words. Used as the page title.
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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.
Ease Rules for Disabled 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
649
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. BRONSON -- read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to attachment to the labor market in temporary partial disability cases
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 15 of the workers' compensation law, as amended by chapter 161 of the laws of 1966, is amended to read as follows:
5. Temporary partial disability. In case of temporary partial disability resulting in decrease of earning capacity, the compensation shall be two-thirds of the difference between the injured employee's average weekly wages before the accident and his wage earning capacity after the accident in the same or other employment. Compensation under this subdivision shall be payable during the continuance of such temporary partial disability, without the necessity for the claimant to demonstrate ongoing attachment to the labor market, unless the board finds that the injured employee's loss of wages is wholly unrelated to his or her partial disability.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04768-01-9
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.