EMPLOYMENT LAW NEWS

New York Broadens Workers’ Compensation Coverage of Extraordinary Work-Related Stress Claims

By Dana Holle, GovDocs Associate Counsel
Employment Law and Compliance
Published Jan. 28, 2025

 

New York Broadens Workers’ Compensation Coverage of Extraordinary Work-Related Stress Claims

Effective Jan. 1, 2025, New York has expanded workers’ compensation coverage to allow all employees to file claims for extraordinary work-related stress. Learn more about these updates and their implications for employers and workers in our article below. 

On December 6, 2024, New York passed Senate Bill 6635, amending the state workers’ compensation law regarding claims for mental injury.  

As of Jan. 1, 2025, all employees are now allowed to file workers’ compensation claims for extraordinary work-related stress. Under the law, an extraordinary work-related stress claim cannot be barred by the New York Workers’ Compensation Board “upon a factual finding that the stress was not greater than that which usually occurs in the normal work environment.” 

Senate Bill 6635: Key Changes

Previously, the law only allowed certain police officers, firefighters, emergency medical technicians, paramedics, emergency dispatchers, or other certified medical emergency care providers to file these types of mental injury claims with the Workers’ Compensation Board. Now, SB 6635 has broadened the scope to cover all workers. SB 6635, however, did not add a new definition of “extraordinary work-related stress,” so the merits on these types of claims are largely dependent on the Workers’ Compensation Board.  

Posting Requirements for Workers’ Compensation in New York

As a reminder, New York requires employers to post a notice in English and Spanish in a conspicuous place in the workplace for employees to see indicating that they have obtained workers’ compensation insurance. However, the Workers’ Compensation Board explicitly states that these notices must be obtained directly from the employer’s insurance carrier or licensed agent after obtaining workers’ compensation insurance. Note that the amendment likely will not impact these notices at this time.  

Stay Informed on Labor Law Updates

New York is among a handful of states, including California and Pennsylvania, with amendments to their worker’s compensation laws that went into effect on Jan. 1. For more workers’ compensation and other labor law updates, check out our Employment Law News Blog.  

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This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.

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