What happened?

On December 6, 2024, Governor Kathy Hochul signed S 6635/A 5745 into law, allowing any worker in New York to file for workers’ compensation for mental injuries caused by extraordinary work-related stress.

Overview:

S.6635/A.5745 is a New York law that allows any worker to file for workers’ compensation for mental injuries caused by extraordinary work-related stress.

• This law expands coverage beyond first responders, potentially increasing the number of work-related stress claims employers may face, leading to higher costs and litigation burdens.
• It amends New York’s Workers’ Compensation Law, specifically Section 10(3)(b), to include mental health claims for all workers based on extraordinary work-related stress (previously only covered first responders with PTSD), ensuring broader support for all workers experiencing significant mental stress.
• Emphasizes treating mental injuries with the same seriousness as physical injuries.

Additional Details:

• Under the revised Section 10(3)(b) of New York’s Workers’ Compensation Law, claims for mental injury cannot be disallowed based on the stress not being greater than normal work stress.
• Removes the condition that stress must be incurred during a “work-related emergency” and allows claims based on cumulative stress.
• Maintains the “workers’ compensation exclusivity” rule, limiting employees’ ability to sue employers for work-related mental health injuries in most circumstances.
• The Workers’ Compensation Board will determine what qualifies as “extraordinary” stress on a case-by-case basis, requiring considerable evidence and expert medical testimony.

Source References

• NY S.6635/A.5745 Governor Press Release
• NY SB S6635
• NY AB A5745

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