NY Pols Move to Change Month-Old Stress Law

Less than a month after New York Gov. Kathy Hochul signed new legislation to allow any worker to file for workers’ compensation for specific types of mental injury premised on extraordinary work-related stress, a bill to water down the provisions has been introduced.
The recently signed law expanded coverage to all workers in the state where, previously, only certain first responders were eligible for such benefits.
The latest submission, S.B. 755, would amend the new law to apply the provisions only to first responders including police officers, firefighters, emergency medical technicians, paramedics, emergency dispatchers, or “other” persons “certified to provide medical care in emergencies.”
It also stipulates that such a mental injury claim would apply in cases where the first responder was covering a “work-related emergency,” deleting language that stated the worker would have had to experience stress “at work.”
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The incidence of heat-related illnesses (HRIs), such as heat exhaustion and heat stroke, sees a sevenfold increase on days when temperatures exceed 90°F compared with days with temperatures between 75°F and 80°F, according to a new report from the Workers Compensation Research Institute (WCRI).
The research draws on data from across the 31 U.S. states that account for about 80% of the country’s workers’ compensation benefits.
“These findings are especially significant amid ongoing policy debates on heat standards at the state and federal levels,” said Sebastian Negrusa, vice president of research at WCRI. “They also suggest that the broader impact of excessive heat on workplace safety extends beyond HRIs, contributing to an increase in other injuries such as falls and cuts.”
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Three trends emerged in Westlaw’s review of the 2024 workers’ compensation landscape, namely moves to reduce costs for employers, actions to provide notice of an employee’s right to counsel, and the expansion of benefits entitlement to first responders.
Westlaw contributor Alan Brackett’s comprehensive roundup can be viewed without a subscription on Reuters.
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