Bill Text: NY S01161 | 2023-2024 | General Assembly | Introduced

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

---

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-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1161

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 10, 2023
                                       ___________

        Introduced  by Sens. SANDERS, MAY -- 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  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-
    23  tively, he or she shall receive his or her full weekly wages.    Compen-
    24  sation  for permanent or temporary partial disability due to an accident
    25  or disablement resulting from an occupational disease that occurs (1) on

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04567-01-3
        S. 1161                             2

     1  or after January first, nineteen hundred seventy-eight, shall not exceed
     2  one hundred five dollars per week, that occurs  (2)  on  or  after  July
     3  first, nineteen hundred eighty-three, shall not exceed one hundred twen-
     4  ty-five  dollars per week, that occurs (3) on or after July first, nine-
     5  teen hundred eighty-four,  shall  not  exceed  one  hundred  thirty-five
     6  dollars  per  week,  that  occurs  (4)  on or after July first, nineteen
     7  hundred eighty-five, shall not exceed  one  hundred  fifty  dollars  per
     8  week,  that  occurs (5) on or after July first, nineteen hundred ninety,
     9  shall not exceed two hundred eighty dollars per week; nor be  less  than
    10  twenty dollars per week; except that if the employee's wages at the time
    11  of injury are less than twenty dollars per week, he or she shall receive
    12  his  or  her  full  weekly  wages.  In  no event shall compensation when
    13  combined with decreased earnings or earning capacity exceed  the  amount
    14  of  wages  which  the  employee  was  receiving  at  the time the injury
    15  occurred. Compensation for permanent or temporary partial disability, or
    16  for permanent or temporary total disability due to an accident or  disa-
    17  blement  resulting  from  an  occupational disease that occurs (1) on or
    18  after July first, nineteen hundred ninety-one and prior to  July  first,
    19  nineteen  hundred  ninety-two,  shall  not  exceed  three  hundred fifty
    20  dollars per week; (2) on or after July first, nineteen  hundred  ninety-
    21  two,  shall  not  exceed four hundred dollars per week; nor be less than
    22  forty dollars per week except that if the employee's wages at  the  time
    23  of  injury  are  less  than  forty  dollars per week, the employee shall
    24  receive his or her full wages. Compensation for permanent  or  temporary
    25  partial  disability,  or for permanent or temporary total disability due
    26  to an accident or disablement resulting  from  an  occupational  disease
    27  that  occurs  (1)  on  or after July first, two thousand seven shall not
    28  exceed five hundred dollars per week, (2) on or after  July  first,  two
    29  thousand eight shall not exceed five hundred fifty dollars per week, (3)
    30  on  or  after July first, two thousand nine shall not exceed six hundred
    31  dollars per week, and (4) on or after July first, two thousand ten,  and
    32  on  or  after  July first of each succeeding year, shall not exceed two-
    33  thirds of the New York state average weekly wage for the year  in  which
    34  it is reported. Compensation for permanent or temporary partial disabil-
    35  ity,  or  for permanent or temporary total disability due to an accident
    36  or disablement resulting from an occupational disease that occurs on  or
    37  after  July first, two thousand seven shall not be less than one hundred
    38  dollars per week except that if the employee's  wages  at  the  time  of
    39  injury  are  less  than one hundred dollars per week, the employee shall
    40  receive his or her full wages.  Compensation for permanent or  temporary
    41  partial  disability,  or for permanent or temporary total disability due
    42  to an accident or disablement resulting  from  an  occupational  disease
    43  that  occurs  on  or after May first, two thousand thirteen shall not be
    44  less than one hundred fifty dollars per week except that if the  employ-
    45  ee's wages at the time of injury are less than one hundred fifty dollars
    46  per week, the employee shall receive his or her full wages. Compensation
    47  for  permanent  or  temporary  partial  disability,  or for permanent or
    48  temporary total disability due to an accident or  disablement  resulting
    49  from  an occupational disease that occurs on or after the effective date
    50  of the chapter of the laws of two  thousand  twenty-three  that  amended
    51  this  paragraph  shall  not be less than one-fifth of the New York state
    52  average weekly wage except that if the employee's weekly wages are equal
    53  to or less than one-fifth of the New York state average weekly wage, the
    54  employee shall receive his or her full wages. In no event shall  compen-
    55  sation  when combined with decreased earnings or earning capacity exceed
    56  the amount of wages the employee was receiving at the  time  the  injury
        S. 1161                             3

     1  occurred. Compensation for permanent or temporary partial disability, or
     2  for  permanent or temporary total disability due to an accident or disa-
     3  blement resulting from an occupational disease or injury  that  occurred
     4  as  a  result  of World Trade Center rescue activity by an employee of a
     5  private voluntary hospital,  who  passed  a  physical  examination  upon
     6  employment as a rescue worker that failed to reveal evidence of a condi-
     7  tion that was the proximate cause of disablement or occupational disease
     8  or  injury,  shall  not  exceed  three-quarters  of a claimant's wage on
     9  September eleventh, two thousand one. In  no  event  shall  compensation
    10  when  combined  with  decreased  earnings or earning capacity exceed the
    11  amount of wages the employee was receiving on  September  eleventh,  two
    12  thousand one.
    13    § 2. This act shall take effect immediately.