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S295Senate2025-2026 Session

Allow COVID-19 Compensation Claims

Official title

“Relates to permitting certain claims for compensation based on a COVID-19 diagnosis”

Sponsor Steve RhoadsSD-5+1 co-sponsorAffects Economy
Status
In Senate Committee
Labor
Impact
6/10
Moderate
Passage
6%

Bill progress

Step 2 of 7

In committee · Labor

What's happening

This bill allows previously time-barred workers' compensation claims for COVID-19 disability to be reopened for one year.

Why it matters

  1. Allows workers who previously missed the deadline to file COVID-19 disability claims to get another chance. , potentially offering financial relief to those who were initially denied due to strict filing timelines.

  2. Could impact employers and insurers by reopening liability for past cases. , possibly leading to increased claims and costs related to workplace COVID-19 exposure.

  3. Recognizes the unique challenges and delayed effects of the pandemic. , acknowledging that workers may not have been able to file claims on time due to illness, lack of information, or evolving understanding of COVID-19’s impact.

  4. Creates a one-year window for these claims, after which normal deadlines resume. , providing a limited but significant opportunity for affected workers to seek compensation.

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Who cares

  • Workers with COVID-19-related disabilities

    The bill would give them one year after its effective date to file compensation claims without being barred by sections 18 or 28 of the workers’ compensation law.

  • Workers whose COVID-19 disability claims were previously denied

    Those denied under sections 18 or 28 could apply to have their claims reheard and determined.

  • New York State Workers’ Compensation Board

    The board would have to permit previously denied claims covered by the bill to be filed and, upon application, rehear and determine them.

Headline styles

Allow COVID-19 Compensation Claims

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

Sponsors

Primary sponsor
Steve Rhoads

Senator · Senate District 5

1 Co-sponsor

History

  1. Referred to labor
  2. Referred to labor

Full text

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

STATE OF NEW YORK

295

2025-2026 Regular Sessions

IN SENATE (Prefiled)

January 8, 2025

Introduced by Sens. RHOADS, BORRELLO -- 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 certain claims for compensation based on a COVID-19 diagnosis; and providing for the repeal of such provisions upon the expiration thereof

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

Section 1. The workers' compensation law is amended by adding a new section 3-a to read as follows:

§ 3-a. Reopening of claims for disability caused by COVID-19. 1. A claim for compensation for disability based on a diagnosis of COVID-19 shall not be disallowed as barred by section eighteen or section twenty-eight of this chapter if such claim is filed within one year of the effective date of this section. Any subsequent claims may be filed after such period in accordance with sections eighteen and twenty-eight of this chapter.

2. The board shall permit the filing of claims for disability due to COVID-19 which were previously denied due to section eighteen or twenty-eight of this chapter prior to the effective date of this section, and shall, upon application, re-hear and determine such claims.

§ 2. This act shall take effect immediately and shall expire and be deemed repealed two years after such date.

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

[ ] is old law to be omitted.

LBD01198-01-5

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 certain claims for compensation based on a COVID-19 diagnosis; and providing for the repeal of such provisions upon the expiration thereof

Purpose

TO amend the workers compensation law, in relation to certain claims for compensation based on a COVID-19 diagnosis; and providing for the repeal of such provisions upon the expiration thereof.

Summary of provisions

Section 1. The workers compensation law is amended by adding a new section 3a to read as follows: Reopening of claims for disability caused by COVID-19. 1. A claim for compensation for disability based of a diagnosis of COVID-19 shall not be disallowed if such claim is filed within a year of the effective date of this section.

Section 2. The board shall permit the filing of claims for disability due to COVID-19 which was previously denied.

This act shall take effect immediately and shall expire and be deemed repealed two years after such date.

Justification

During the first year of the pandemic, nearly 1.5 million working age New Yorkers (18-64 years) were diagnosed with COVID-19 and 6,468 of them died. Epidemiologic evidence suggests that 150,000 to 450,000 of those cases occurred among workers, particularly those designated as "essen- tial", who were exposed to COVID-19 on the job. However, only 21,000 workers filed COVID-19 claims during the first year of the pandemic. The low number of COVID-19 claims can be attributed to a multitude of factors, including, but not limited to, the urgency of the pandemic, the limited state of medical knowledge at the time, and insufficient efforts to inform workers of their eligibility. As a result, hundreds of thou- sands of workers who were likely exposed to COVID-19 on the job will be time-barred from filing a COVID-19 claim as of March 1 2023, because of the two-year time limitation in the workers' compensation law.

Legislative history

New bill.

Fiscal implications

To be determind.

Effective date

This act shall take effect immediately and shall expire and be deemed repealed two years after such date.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.