What's happening
This bill establishes a presumption that injured workers who have not refused reemployment have not voluntarily left the labor market.
Why it matters
Shifts the burden of proof. By establishing a legal presumption that injured workers who haven’t refused reemployment remain in the labor market, the bill makes it harder for employers or insurers to argue that a worker is no longer eligible for benefits due to “voluntarily leaving” the workforce.
Protects injured workers’ benefits. This change reduces the risk that injured workers will lose workers’ compensation benefits simply because they can’t find a job or haven’t received a reemployment offer, addressing a common tactic used to deny or reduce claims.
Increases clarity and predictability. By codifying this presumption, the bill provides clearer guidance to courts, employers, and workers on how to interpret “voluntary withdrawal from the labor market,” potentially reducing litigation and disputes over this issue.
May impact employer practices. Employers may be more likely to make genuine offers of reemployment to injured workers, knowing that without such offers, workers are presumed to still be seeking work and thus eligible for ongoing benefits.
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
Protect Injured Workers’ Rights
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Protect Injured Workers’ Rights
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
986
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. D. ROSENTHAL -- read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to presumptions for injured workers who have not refused an offer of reemployment
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 an injured worker who has not refused an offer of reemployment from his or her employer has not voluntarily withdrawn from the labor market.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01032-01-9
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.