What's happening
This bill expands workers' compensation coverage to allow any worker to claim mental injury benefits for extraordinary work-related stress, not just emergency personnel.
Why it matters
Broadens access to mental health benefits. By replacing a list of specific emergency workers with the term "worker," the bill enables all employees—not just first responders—to seek workers’ compensation for mental injuries caused by extraordinary work-related stress.
Removes requirement for emergency context. The bill eliminates the need for the stressor to occur during a "work-related emergency," opening eligibility to mental injuries from extraordinary stress in any workplace context, not just during emergencies.
Prevents denial based on workplace norms. The amendment bars the Workers’ Compensation Board from rejecting claims solely because the stress experienced is considered typical for the workplace, which could help employees in high-stress industries secure benefits.
Signals recognition of mental health parity. By expanding coverage, the bill acknowledges the seriousness of mental health injuries and could prompt employers to pay greater attention to psychological safety and stress reduction in the workplace.
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
Workers seeking mental injury benefits
The bill would extend to all workers a protection against denying extraordinary work-related stress claims because the stress was no greater than that of the normal work environment.
Police officers, firefighters and emergency medical personnel and dispatchers
The bill would broaden the existing protection for these workers beyond stress incurred in a work-related emergency to stress incurred at work.
Workers’ Compensation Board
The bill would bar the board from using that normal-work-environment finding to disallow qualifying claims from any worker.
Employers and workers’ compensation insurers
The bill would remove that basis for denying mental injury claims across the workforce, rather than only for the emergency workers currently listed.
Headline styles
Expand Mental Injury Claims
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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.
Expand Mental Injury Claims
In Assembly Committee · Labor · Sponsor Karines Reyes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1980
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to claims for mental injury premised upon extraordinary work-related stress
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (b) of subdivision 3 of section 10 of the workers' compensation law, as added by section 1 of subpart I of part NNN of chapter 59 of the laws of 2017, is amended to read as follows:
(b) Where a [police officer or firefighter subject to section thirty of this article, or emergency medical technician, paramedic, or other person certified to provide medical care in emergencies, or emergency dispatcher] worker files a claim for mental injury premised upon extraordinary work-related stress incurred [in a work-related emergency] at work, the board may not disallow the claim, upon a factual finding that the stress was not greater than that which usually occurs in the normal work environment.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05586-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the workers' compensation law, in relation to claims for mental injury premised upon extraordinary work-related stress
Purpose
Expands to all workers the ability to receive PTSD coverage under NYS Workers Compensation Coverage identified work-related stress.
Summary of provisions
Amends paragraph (b) of subdivision 3 of section 10 of the workers' compensation law, as added by section 1 of subpart I of part NNN of chapter 59 of the laws of 2017 as follows:
Where a worker files a claim for mental injury premised upon extraor- dinary work-related stress incurred the board may not disallow the claim, upon a factual finding that the stress was not greater than that which usually occurs in the normal work environment.
Justification
In the 2017 enacted Budget PTSD coverage was added for certain first responders who face stress-related injuries but were barred from such coverage due to court rulings that this was in the normal course of their occupation.
This bill expands to cover all workers to ensure that work-related PTSD is properly identified and treated as part of the workers compensation system.
Legislative history
2017 Session - New Bill S.6495 (Alcantara) - reported to Rules 2018 Session - S.6495 (Alcantara) - referred to Labor
Fiscal impact
None to State or Local Governments.
Effective date
The act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.