Bill Text: NY S00921 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that the weekly benefit which the disabled employee is entitled to receive for disability commencing: on or after January first, two thousand twenty-six shall be fifty percent of the employee's average weekly wage but shall not exceed fifty percent of the state average weekly wage; on or after January first, two thousand twenty-seven shall be fifty-five percent of the employee's average weekly wage but shall not exceed fifty-five percent of the state average weekly wage; on or after January first, two thousand twenty-eight shall be sixty percent of the employee's weekly average wage but shall not exceed sixty percent of the state average weekly wage; and on or after January first of each succeeding year, shall be sixty-seven percent of the employee's average weekly wage but shall not exceed sixty-seven percent of the state average weekly wage.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-01-03 - REFERRED TO LABOR [S00921 Detail]

Download: New_York-2023-S00921-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           921

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor

        AN ACT to amend the workers' compensation law, in relation to the weekly
          benefit of a disabled employee

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (b) of subdivision 2 of section 204 of the work-
     2  ers' compensation law, as amended by section 5 of part SS of chapter  54
     3  of the laws of 2016, is amended to read as follows:
     4    (b)  The  weekly  benefit  which  the disabled employee is entitled to
     5  receive for disability commencing: (i) on or after  January  first,  two
     6  thousand  twenty-five  shall  be fifty percent of the employee's average
     7  weekly wage but shall not exceed fifty  percent  of  the  state  average
     8  weekly  wage;  (ii)  on  or after January first, two thousand twenty-six
     9  shall be fifty-five percent of the employee's average  weekly  wage  but
    10  shall  not  exceed  fifty-five percent of the state average weekly wage;
    11  (iii) on or after January first,  two  thousand  twenty-seven  shall  be
    12  sixty percent of the employee's weekly average wage but shall not exceed
    13  sixty  percent  of  the  state average weekly wage; and (iv) on or after
    14  January first of each succeeding year, shall be sixty-seven  percent  of
    15  the  employee's  average  weekly  wage  but shall not exceed sixty-seven
    16  percent of the state average weekly wage. The weekly benefit  which  the
    17  disabled employee is entitled to receive for disability commencing on or
    18  after  May  first,  nineteen  hundred  eighty-nine  and prior to January
    19  first, two thousand twenty-five shall  be  one-half  of  the  employee's
    20  weekly wage, but in no case shall such benefit exceed one hundred seven-
    21  ty  dollars;  except  that if the employee's average weekly wage is less
    22  than twenty dollars, the benefit shall be such average weekly wage.  The
    23  weekly  benefit  which  the disabled employee is entitled to receive for
    24  disability commencing on or after July first, nineteen  hundred  eighty-
    25  four  shall  be  one-half  of the employee's weekly wage, but in no case

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02619-01-3
        S. 921                              2

     1  shall such benefit exceed one hundred forty-five dollars; except that if
     2  the employee's average weekly wage is  less  than  twenty  dollars,  the
     3  benefit  shall be such average weekly wage. The weekly benefit which the
     4  disabled employee is entitled to receive for disability commencing on or
     5  after July first, nineteen hundred eighty-three and prior to July first,
     6  nineteen hundred eighty-four shall be one-half of the employee's average
     7  weekly  wage, but in no case shall such benefit exceed one hundred thir-
     8  ty-five dollars nor be less than twenty  dollars;  except  that  if  the
     9  employee's  average  weekly wage is less than twenty dollars the benefit
    10  shall be such average weekly wage. The weekly benefit which the disabled
    11  employee is entitled to receive for disability commencing  on  or  after
    12  July  first,  nineteen  hundred  seventy-four,  and prior to July first,
    13  nineteen hundred eighty-three, shall be one-half of the employee's aver-
    14  age weekly wage, but in no case shall such  benefit  exceed  ninety-five
    15  dollars  nor  be less than twenty dollars; except that if the employee's
    16  average weekly wage is less than twenty dollars, the  benefit  shall  be
    17  such average weekly wage. The weekly benefit which the disabled employee
    18  is entitled to receive for disability commencing on or after July first,
    19  nineteen  hundred  seventy  and  prior  to  July first, nineteen hundred
    20  seventy-four shall be one-half of the employee's  average  weekly  wage,
    21  but  in  no  case  shall such benefit exceed seventy-five dollars nor be
    22  less than twenty dollars; except that if the employee's  average  weekly
    23  wage is less than twenty dollars the benefit shall be such average week-
    24  ly  wage.  For any period of disability less than a full week, the bene-
    25  fits payable shall be calculated by dividing the weekly benefit  by  the
    26  number  of  the employee's normal work days per week and multiplying the
    27  quotient by the number of normal work days in such period of disability.
    28  The weekly benefit for a disabled employee who is concurrently  eligible
    29  for  benefits in the employment of more than one covered employer shall,
    30  within the maximum and minimum herein provided, be one-half of the total
    31  of the employee's average weekly wages received from  all  such  covered
    32  employers,  and shall be allocated in the proportion of their respective
    33  average weekly wage payments.
    34    § 2. This act shall take effect immediately.