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Assembly advances expansion of workers'‑comp claims for 'extraordinary' mental stress

New York State Assembly · June 5, 2024
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Summary

Lawmakers approved a bill to let more workers file workers'‑comp claims for mental injury tied to extraordinary work stress — removing job‑type limits but keeping a burden of proof; critics warned of open‑ended claims and uncertain costs.

The Assembly debated and passed legislation that would let employees beyond traditional first‑responder categories seek workers’‑comp for purely mental injuries premised on ‘‘extraordinary work‑related stress.’’ Proponents said the change recognizes PTSD and cumulative stress that today fall outside narrow job lists and would let the Workers’ Compensation Board evaluate claims previously dismissed as not within the statute. Sponsor proponents cited examples (health‑care surge workers, supermarket staff exposed to active shooter trauma, correction officers) and urged that the bill does not guarantee payment but access to adjudication.

Opponents, including members of the Republican conference and some Democrats, said the bill risks a surge of administrative claims, higher insurance premiums, and uncertain fiscal costs for businesses. Several members cited veto history and actuarial warnings about imprecise cost estimates.

The bill calls for the Board to apply a standard that the mental injury be ‘‘extraordinary’’ and ‘‘work‑related.’’ Supporters emphasized evidence‑based adjudication and the existing review structures in the workers’‑comp system. The floor recorded the vote; the bill passed on the day’s calendar.

Next steps include enrollment and implementation details at the Workers’ Compensation Board and potential monitoring of claim volumes and premium impacts.