New York’s Trapped at Work Act Expansion Impacts Workers’ Comp Exclusivity and Liability
- New York’s updated Trapped at Work Act establishes a private right of action for employees subjected to hazardous exit obstructions.
- This legislation allows workers to bypass traditional workers’ compensation exclusivity by seeking civil damages for injuries resulting from locked or blocked emergency doors.
- The law introduces mandatory safety training requirements and increases civil penalties for non-compliance to $50,000 per violation.
- These amendments create new legal liabilities for employers regarding workplace safety and emergency evacuation protocols.
Mississippi Clarifies Workers’ Compensation Status for Portable Benefit Contributors
- Mississippi House Bill 1072 establishes a framework for hiring parties to contribute to portable benefit accounts for independent contractors without establishing an employer-employee relationship.
- These voluntary contributions cannot be used as evidence to reclassify workers for state workers’ compensation coverage requirements.
- The legislation protects businesses from being forced to provide traditional workers’ comp benefits based solely on these contributions.
- These provisions aim to provide legal clarity regarding worker status and corporate liability.
New Jersey Policy Report Examines Independent Contractor Classification Standards
- A new report from the New Jersey Business & Industry Association examines the “ABC test” used to determine worker status and eligibility for benefits.
- Proposed regulatory changes would reclassify thousands of independent contractors as employees, triggering mandatory workers’ compensation coverage requirements.
- The analysis identifies potential increases in insurance premiums and litigation risks for businesses currently utilizing gig and freelance labor.
- These findings address the legal shift toward a presumption of employment for insurance liability purposes.