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S2436Senate2019-2020 SessionSame asA2677

Death Benefits for Diesel Victims

Official title

“Provides a claim-filing opportunity for the widows and dependents of workers who died as a result of cancer caused by exposure to diesel exhaust”

Sponsor James Sanders Jr.SD-10+2 co-sponsorsAffects Economy
Status
In Senate Committee
Labor
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Labor

What's happening

This bill allows widows and dependents of workers who died from cancer caused by diesel exposure to file workers’ compensation death benefit claims.

Why it matters

  1. Addresses a gap in workers’ compensation law. by specifically recognizing cancer caused by hazardous diesel exhaust as a valid basis for death benefit claims, which may have previously been excluded or challenged.

  2. Provides a special one-year window for filing claims. related to past deaths that would otherwise be barred by time limits, giving families of affected workers a new opportunity for compensation.

  3. May set a precedent for other occupational exposure claims. by explicitly linking a specific workplace hazard (diesel exhaust) to compensable illness, potentially influencing future policy and employer practices regarding workplace safety and health monitoring.

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Who cares

  • Widows and dependents of workers who died from diesel-related cancer

    The bill would provide a one-year window after its effective date to file death-benefit claims without being barred by sections 18 or 28 of the workers’ compensation law.

  • Employers and workers’ compensation insurers

    They could face death-benefit claims otherwise barred under those sections when hazardous diesel-exhaust exposure caused cancer that contributed to a worker’s death.

  • New York State Workers’ Compensation Board

    The bill would require it to consider qualifying claims filed during the one-year window without disallowing them under sections 18 or 28.

Headline styles

Death Benefits for Diesel Victims

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
James Sanders Jr.

Senator · Senate District 10

Chair, Banks

History

  1. Referred to labor
  2. 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.

A2677Assembly

Allow Diesel Cancer Death Claims

In Assembly Committee · Labor · Sponsor Rodneyse Bichotte Hermelyn

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2436

2019-2020 Regular Sessions

IN SENATE

January 24, 2019

Introduced by Sen. SANDERS -- 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 providing a claim-filing opportunity for the widows and dependents of workers who died as a result of cancer caused by exposure to diesel exhaust

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as "the Nigro act".

§ 2. The workers' compensation law is amended by adding a new section 16-a to read as follows:

§ 16-a. Death benefits due to diesel exposure. Where death is due in whole or part to any cancer resulting from a hazardous exposure to diesel exhaust, a claim for death benefits shall not be disallowed as barred by section eighteen or section twenty-eight of this article if such claim is filed within one year of the effective date of this section. Such claims may be filed after such period in accordance with section eighteen and section twenty-eight of this article.

§ 3. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00463-01-9

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 providing a claim-filing opportunity for the widows and dependents of workers who died as a result of cancer caused by exposure to diesel exhaust

Purpose

An act to temporarily amend the worker's compensation law for death benefits with relation to cancers caused by diesel exhaust exposure.

Summary of provisions

In adopting this act (new workers compensation law 16-a), it is the intent of the legislature to allow for a filing of a claim within one year from the effective date of this section for death benefits due to cancer caused by exposure to diesel exhaust, superseding other legal provisions which would bar such claims due to time-constraints.

Existing law

Workers' Compensation Law Sections 16, 18, 28, 45.

Justification

The exposure of workers to diesel exhaust within the transportation industry is extensive and damaging. The international Research on Cancer (IARC) of the World Health Organization (WHO), together with other scientific groups, has recently recognized that diesel exhaust is a Class 1 carcinogen. The public policy of the State of New York states that workers compensation benefits shall be provided to the dependents of workers who die as a result of workplace accidents and illnesses.

On January 5, 2012, Anthony Nigro - after whom the bill is named - died of lung cancer after a long career as a bus mechanic. Over the course of his job, Mr. Nigro was regularly exposed to the harmful diesel exhaust. Although his widow filed a timely claim for death benefits, other widows/widowers and dependents of workers who died of cancer due to diesel exhaust exposure are barred from filing claims for workers' compensation benefits because the statute of limitations expired before scientific proof of diesel exhaust as a Class 1 carcinogen became avail- able.

In order to afford these other widows/widowers and dependents of workers who died as a result of exhaust exposure an opportunity to file claims for death benefits, this legislation provides a one-time opportunity to do so within one year from the effective date of this section.

Legislative history

A8883

Fiscal implications

Undetermined.

Local fiscal implications

Undetermined.

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.