Compliance Stuff

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...

Key Takeaways: Kathy Hochul has signed a bill expanding the statutory carveout applied to police officers, firefighters, and EMTs who filed a claim for mental injury due to extraordinary work-related stress S.6635/A.5745 now allows all workers to apply for Workers’ Compensation for extraordinary work-related stress The law takes effect January 1 Under S.6635/A.5745: Where a [worker] files a claim for mental injury premised upon extraordinary work-related stress incurred at [work], the board may not disallow the claim upon a factual finding that the stress was not greater than that which usually occurs in the normal work environment. A major part of this law is that now all employees in New York can apply for workers’ compensation if they feel they are undergoing a mental health crisis caused by their job. In the past, this option was only available for select first responder positions. Unlike other accidental injuries, there are two requirements in a claimant’s case that are unique to...