What's happening
The bill raises the age limit to thirty-five and includes apprentices for considering future wage increases in workers' compensation calculations.
Why it matters
Expands eligibility for future wage increase considerations. in workers’ compensation claims, meaning more injured workers (up to age 35, or those in approved apprenticeships) could receive higher compensation based on expected earnings growth, not just their current wage.
Acknowledges modern career trajectories and delayed earning peaks. , which is especially relevant as more people start their careers or reach higher earning potential later in life, ensuring the law better reflects today’s workforce realities.
Mandates (instead of merely allows) consideration of future wage increases. for qualifying workers, making it a requirement for claims adjusters and potentially reducing inconsistencies or unfair denials in how compensation is calculated.
Specifically includes apprentices in state-approved programs. , recognizing their structured path to higher wages and helping to protect younger or retraining workers in skilled trades if they’re injured early in their careers.
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Who cares
Headline styles
Boost Payouts for Injured Workers
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.
Boost Injury Wage Calculations
In Assembly Committee · Labor · Sponsor Harry B. Bronson
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2060
2019-2020 Regular Sessions
IN SENATE
January 22, 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 weekly wages basis of compensation for certain injured employees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 14 of the workers' compensation law, as amended by chapter 730 of the laws of 1978, is amended to read as follows:
5. If it be established that the injured employee was under the age of [twenty-five] thirty-five when injured, or was accepted to or enrolled in an apprenticeship training program approved by the commissioner of labor pursuant to article twenty-three of the labor law, and that under normal conditions his or her wages would be expected to increase, that fact [may] shall be considered in arriving at his or her average weekly wages.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04772-01-9
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 weekly wages basis of compensation for certain injured employees
Purpose
To require consideration of additional factors in determining whether injured workers' earning capacity could be expected to increase.
Summary of provisions
Section 1 of this bill amends subdivision 5 of section 14 of the Work- ers' Compensation Law to require consideration of additional factors in determining whether an injured worker's earning capacity would be expected to increase.
Section 2 of this bill provides that it shall become effective imme- diately.
Justification
In determining appropriate indemnity benefit levels, judges are permit- ted to consider expected increases in wages for injured workers who are under the age of 25. This bill would raise that age to under 35 and would permit judges to consider expected increases for any injured work- er, regardless of age, if they participate in an apprenticeship training program approved by the commissioner of labor. This bill acknowledges the realities that apprentices have a clear path to higher wages and better terms and conditions of employment, that people are living and working longer and that it is taking young workers ever longer to estab- lish themselves in the workplace.
Legislative history
2018 Session - S.8035 (Alcantata) was a new bill. Referred to Labor with no further action.
Fiscal implications
None.
Effective date
This 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.