Bill Text: NY S01161 | 2023-2024 | General Assembly | Amended
Bill Title: Increases compensation schedule in case of disability; provides that compensation after July 1, 2026 shall not be less than one-fifth of the New York state average weekly wage unless the employee's weekly wage is equal to or less than one-fifth the weekly wage, then they shall receive the entire amount.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-09-06 - SIGNED CHAP.352 [S01161 Detail]
Download: New_York-2023-S01161-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1161--A Cal. No. 254 2023-2024 Regular Sessions IN SENATE January 10, 2023 ___________ Introduced by Sens. SANDERS, MAY, RYAN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Labor -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the workers' compensation law, in relation to schedule in case of disability The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 6 of section 15 of the work- 2 ers' compensation law, as amended by section 7-a of part GG of chapter 3 57 of the laws of 2013, is amended to read as follows: 4 (a) Compensation for permanent or temporary total disability due to an 5 accident or disablement resulting from an occupational disease that 6 occurs, (1) on or after January first, nineteen hundred seventy-eight, 7 shall not exceed one hundred twenty-five dollars per week, that occurs 8 (2) on or after July first, nineteen hundred seventy-eight, shall not 9 exceed one hundred eighty dollars per week, that occurs (3) on or after 10 January first, nineteen hundred seventy-nine, shall not exceed two 11 hundred fifteen dollars per week, that occurs (4) on or after July 12 first, nineteen hundred eighty-three, shall not exceed two hundred 13 fifty-five dollars per week, that occurs (5) on or after July first, 14 nineteen hundred eighty-four, shall not exceed two hundred seventy-five 15 dollars per week, that occurs (6) on or after July first, nineteen 16 hundred eighty-five, shall not exceed three hundred dollars per week, 17 that occurs (7) on or after July first, nineteen hundred ninety, shall 18 not exceed three hundred forty dollars per week; and in the case of 19 temporary total disability shall not be less than thirty dollars per 20 week and in the case of permanent total disability shall not be less 21 than twenty dollars per week except that if the employee's wages at the 22 time of injury are less than thirty or twenty dollars per week respec- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04567-02-3S. 1161--A 2 1 tively, he or she shall receive his or her full weekly wages. Compen- 2 sation for permanent or temporary partial disability due to an accident 3 or disablement resulting from an occupational disease that occurs (1) on 4 or after January first, nineteen hundred seventy-eight, shall not exceed 5 one hundred five dollars per week, that occurs (2) on or after July 6 first, nineteen hundred eighty-three, shall not exceed one hundred twen- 7 ty-five dollars per week, that occurs (3) on or after July first, nine- 8 teen hundred eighty-four, shall not exceed one hundred thirty-five 9 dollars per week, that occurs (4) on or after July first, nineteen 10 hundred eighty-five, shall not exceed one hundred fifty dollars per 11 week, that occurs (5) on or after July first, nineteen hundred ninety, 12 shall not exceed two hundred eighty dollars per week; nor be less than 13 twenty dollars per week; except that if the employee's wages at the time 14 of injury are less than twenty dollars per week, he or she shall receive 15 his or her full weekly wages. In no event shall compensation when 16 combined with decreased earnings or earning capacity exceed the amount 17 of wages which the employee was receiving at the time the injury 18 occurred. Compensation for permanent or temporary partial disability, or 19 for permanent or temporary total disability due to an accident or disa- 20 blement resulting from an occupational disease that occurs (1) on or 21 after July first, nineteen hundred ninety-one and prior to July first, 22 nineteen hundred ninety-two, shall not exceed three hundred fifty 23 dollars per week; (2) on or after July first, nineteen hundred ninety- 24 two, shall not exceed four hundred dollars per week; nor be less than 25 forty dollars per week except that if the employee's wages at the time 26 of injury are less than forty dollars per week, the employee shall 27 receive his or her full wages. Compensation for permanent or temporary 28 partial disability, or for permanent or temporary total disability due 29 to an accident or disablement resulting from an occupational disease 30 that occurs (1) on or after July first, two thousand seven shall not 31 exceed five hundred dollars per week, (2) on or after July first, two 32 thousand eight shall not exceed five hundred fifty dollars per week, (3) 33 on or after July first, two thousand nine shall not exceed six hundred 34 dollars per week, and (4) on or after July first, two thousand ten, and 35 on or after July first of each succeeding year, shall not exceed two- 36 thirds of the New York state average weekly wage for the year in which 37 it is reported. Compensation for permanent or temporary partial disabil- 38 ity, or for permanent or temporary total disability due to an accident 39 or disablement resulting from an occupational disease that occurs on or 40 after July first, two thousand seven shall not be less than one hundred 41 dollars per week except that if the employee's wages at the time of 42 injury are less than one hundred dollars per week, the employee shall 43 receive his or her full wages. Compensation for permanent or temporary 44 partial disability, or for permanent or temporary total disability due 45 to an accident or disablement resulting from an occupational disease 46 that occurs on or after May first, two thousand thirteen shall not be 47 less than one hundred fifty dollars per week except that if the employ- 48 ee's wages at the time of injury are less than one hundred fifty dollars 49 per week, the employee shall receive his or her full wages. Compen- 50 sation for permanent or temporary partial disability, or for permanent 51 or temporary total disability due to an accident or disablement result- 52 ing from an occupational disease that occurs on or after January first, 53 two thousand twenty-four and before January first, two thousand twenty- 54 five shall not be less than two hundred seventy-five dollars per week 55 except that if the employee's wages at the time of injury are less than 56 two hundred seventy-five dollars per week, the employee shall receiveS. 1161--A 3 1 his or her full wages. Compensation for permanent or temporary partial 2 disability, or for permanent or temporary total disability due to an 3 accident or disablement resulting from an occupational disease that 4 occurs on or after January first, two thousand twenty-five and before 5 July first, two thousand twenty-six shall not be less than three hundred 6 twenty-five dollars per week except that if the employee's wages at the 7 time of injury are less than three hundred twenty-five dollars per week, 8 the employee shall receive his or her full wages. Compensation for 9 permanent or temporary partial disability, or for permanent or temporary 10 total disability due to an accident or disablement resulting from an 11 occupational disease that occurs on or after July first, two thousand 12 twenty-six and on or after July first of each succeeding year shall not 13 be less than one-fifth of the New York state average weekly wage for the 14 year in which it is reported except that if the employee's weekly wages 15 are equal to or less than one-fifth of the New York state average weekly 16 wage for the year in which it is reported, the employee shall receive 17 his or her full wages. In no event shall compensation when combined with 18 decreased earnings or earning capacity exceed the amount of wages the 19 employee was receiving at the time the injury occurred. Compensation for 20 permanent or temporary partial disability, or for permanent or temporary 21 total disability due to an accident or disablement resulting from an 22 occupational disease or injury that occurred as a result of World Trade 23 Center rescue activity by an employee of a private voluntary hospital, 24 who passed a physical examination upon employment as a rescue worker 25 that failed to reveal evidence of a condition that was the proximate 26 cause of disablement or occupational disease or injury, shall not exceed 27 three-quarters of a claimant's wage on September eleventh, two thousand 28 one. In no event shall compensation when combined with decreased earn- 29 ings or earning capacity exceed the amount of wages the employee was 30 receiving on September eleventh, two thousand one. 31 § 2. This act shall take effect immediately.
