What's happening
The bill amends workers' compensation law to presume opioid overdose deaths are compensable if opioids were prescribed for a workplace injury.
Why it matters
Shifts the burden of proof. By presuming opioid overdose deaths are work-related if opioids were prescribed for a workplace injury, the law makes it easier for families to claim workers’ compensation benefits—employers/insurers must now prove otherwise.
Addresses real-world opioid risks. This change acknowledges the ongoing opioid crisis and the known risk that prescribed painkillers for work injuries can lead to fatal overdoses, directly linking medical treatment and workplace responsibility.
Impacts employer policies and healthcare practices. Employers and workers’ compensation insurers may become more cautious about opioid prescriptions, potentially encouraging broader use of alternative pain management or stricter prescription oversight.
Potential for increased compensation claims. The amendment could result in more successful death benefit claims for families of workers who die from opioid overdoses, impacting both the workers’ compensation system and affected families’ financial security.
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Who cares
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Cover Opioid Deaths for Workers
Plain English, a few words. Used as the page title.
Sponsors
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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.
Cover Opioid Overdose Deaths
In Assembly Committee · Labor · Sponsor Kimberly Jean-Pierre
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2061
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 presumptions in opioid overdose claims for compensation
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 the death of an injured worker due to opioid overdose is compensable where that injured worker was prescribed opioids as a result of his or her workplace injury.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05604-01-9
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 presump- tions in opioid overdose claims for compensation
Purpose
To adequately compensate survivors of workers killed a consequence of treatment for a workplace injury.
Summary of provisions
Section 1 of this bill amends section 21 of the Workers' Compensation Law to create a presumption that the death of an injured worker of an opioid overdose is compensable if that injured worker was prescribed opioids to treat a workplace injury.
Section 2 of this bill provides that it shall become effective imme- diately.
Justification
Many workers injured on the job are prescribed opioids to treat their workplace injuries. Tragically, some of these workers overdose. While their deaths are ultimately the result of workplace injuries, their survivors do not receive death benefits. This bill would correct that injustice.
Legislative history
2018 Session - New Bill (S.8034 - Alcantara) referred to Labor
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.