What's happening
This bill expands workers' compensation mental injury protections to include correction officers and related supervisory staff in New York.
Why it matters
Addresses a gap in mental health coverage for correctional staff. By explicitly including correction officers and their supervisors, the bill recognizes that these roles are exposed to extraordinary stress similar to police, firefighters, and EMTs, ensuring their mental health needs are not overlooked.
Reduces barriers to mental injury claims. Correction officers and supervisors will no longer have their workers’ compensation claims for mental injury denied simply because their workplace stress is considered “normal” for their job, making it easier to access benefits after traumatic events.
May improve workplace morale and retention. Providing this protection could help correctional agencies recruit and retain staff, since employees will know their mental health is taken seriously and supported by state law.
Signals broader recognition of first responder trauma. The amendment expands the definition of public safety roles worthy of additional mental health protections, potentially setting a precedent for other high-stress public service occupations in the future.
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
Expand Mental Health Protections
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to labor
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1981
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sens. SAVINO, GALLIVAN -- 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 liability for compensation
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 or correction officer, sergeant, captain, corporal, lieutenant, deputy warden or warden employed by the New York state department of corrections and community supervision, the department of correction of the city of New York or any county or municipality files a claim for mental injury premised upon extraordinary work-related stress incurred in a work-related emergency, 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.
LBD06690-01-9
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 liability for compensation
Purpose
To provide for PTSD coverage for State, City and Municipal Corrections Officer under Workers' Compensation
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 to add:
correction officers, sergeants, captains, corporals, lieutenants, deputy wardens or wardens employed by the State, the City of New York or any county or municipality to those who should be covered for work related mental injury due to work related stress despite any finding that the s stress was not greater than that which normally occurs in the work envi- ronment to allow for workers compensation coverage for these injuries.
Justification
In the 2017 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.
Correction Officers face this same problem. Court cases have interpreted that mental stress was not out of the ordinary for Correction Officers therefore making stress-related claims for workers' compensation not compensable. This must be corrected to provide the officers with appro- priate health coverage and provide for a secure work environment within out State, City and County correctional facilities
According to, Correctional Officer Health and Safety Literature Review a 2013 report by the U.S. Department of Justice, Corrections Officers face many different stressors among them:
* Inmate-related: threat of violence/injury, inmate mental illness, substance abuse * Occupational: closed work environment and need for hyper-vigilance Organizational/administrative: inadequate resources and understaffing * Psycho-social: fear, work/family conflict, media scrutiny.
Correction Officers must provide care, custody and control over an often-uncooperative inmate population. Findings of a new IDC report: Corrections Without Protections: The Increasing Dangers Facing New York's Boldest Officers. This report focuses on the alarming increase in assaults by inmates on correction officers, the rise in contraband entering jails and prisons, and the increase in inmate on inmate assaults, despite the decline in the inmate population in the state of New York.
Providing workers' compensation coverage for stress-related injuries will ensure the safety of our state correctional facilities, but provid- ing for proper health coverage for those suffering and seeking help for stress related injuries.
Legislative history
2017 Session - S.5943 (Alcantara) - referred to Labor and reported to Rules 2018 Session - S.5954 (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.