What Employers Need to Know About New York's Expansion of Workers' Compensation Benefits for Mental Health Injuries
New York significantly expanded workers’ compensation benefits to include coverage of certain mental health-related injuries. As of January 1, 2025, the New York Workers’ Compensation Law provides that “all workers” who suffer “mental injury premised upon extraordinary work-related stress” may file for workers’ compensation benefits for specific types of mental health injuries . Although not much has been written about this change, it may be a significant amendment depending upon how the New York State Workers' Compensation Board and the courts interpret the phrase “extraordinary work-related stress.” To put it in context, mental health injuries are specifically covered to some extent by the workers’ compensation laws in 34 states, but seven states exclude coverage for mental health injuries. Previously, New York permitted recovery of mental injuries where the stressor was greater than that which other similarly situated workers experienced in their normal work environment. With t...