New York S 8441: Authorizes certain injured employees or their legal representative to claim workers' compensation or to maintain an action in the courts for damages on account of such injury

Bill Text

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S08441 Summary:

BILL NOS08441 

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SAME ASNo Same As

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SPONSORRAMOS

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COSPNSR

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MLTSPNSR

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Amd §11, Work Comp L

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Authorizes certain injured employees or their legal representative to claim workers' compensation or to maintain an action in the courts for damages on account of such injury when the commissioner of labor fails to act within a certain time frame for certain violations.

Go to top S08441 Actions:

BILL NOS08441 

&nbsp

06/12/2025REFERRED TO RULES

01/07/2026REFERRED TO LABOR

Go to topS08441 Committee&nbspVotes:

Go to topS08441 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08441 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8441

 2025-2026 Regular Sessions

 IN SENATE

 June 12, 2025
 ___________

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

 AN ACT to amend the workers' compensation law, in relation to protecting
 the right of action for workers

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

 1 Section 1. Subdivision 1 of section 11 of the workers' compensation
 2 law, as amended by chapter 835 of the laws of 2022, is amended to read
 3 as follows:
 4 1. The liability of an employer prescribed by the last preceding
 5 section shall be exclusive and in place of any other liability whatsoev-
 6 er, to such employee, [his or her] such employee's personal represen-
 7 tatives, spouse, parents, dependents, distributees, or any person other-
 8 wise entitled to recover damages, contribution or indemnity, at common
 9 law or otherwise, on account of such injury or death or liability aris-
 10 ing therefrom, except that if an employer fails to secure the payment of
 11 compensation for [his or her] such employer's injured employees and
 12 their dependents as provided in section fifty of this chapter, an
 13 injured employee, or [his or her] such employee's legal representative
 14 in case of death results from the injury, may, at [his or her] such
 15 employee's option, elect to claim compensation under this chapter, or to
 16 maintain an action in the courts for damages on account of such injury;
 17 provided, further, that if an injury or death or liability arises after
 18 the commissioner of labor fails to act within one hundred twenty days
 19 on a complaint filed pursuant to subdivision five of section twenty-sev-
 20 en-a of the labor law or paragraph b of subdivision six of section twen-
 21 ty-seven-b of the labor law against a public employer as defined by
 22 subparagraph (i) of paragraph (a) of subdivision six of section two
 23 hundred one of the civil service law, an injured employee, or such
 24 employee's legal representative in case of death resulting from the
 25 injury, may, at such employee's option, elect to claim compensation

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13378-01-5

 S. 8441 2

 1 under this chapter, or to maintain an action in the courts for damages
 2 on account of such injury; and, provided, further, that if an injury or
 3 death or liability arises after the commissioner of labor fails to act
 4 within ninety days on a complaint filed pursuant to subdivision five-a
 5 of section twenty-seven-a of the labor law or paragraph h of subdivision
 6 six of section twenty-seven-b of the labor law against a public employer
 7 as defined by subparagraph (i) of paragraph (a) of subdivision six of
 8 section two hundred one of the civil service law, an injured employee,
 9 or such employee's legal representative in case of death resulting from
 10 the injury, may, at such employee's option, elect to claim compensation
 11 under this chapter, or to maintain an action in the courts for damages
 12 on account of such injury; provided, further, that if an injury or death
 13 or liability arises after an employer as defined by subparagraph (i) of
 14 paragraph (a) of subdivision six of section two hundred one of the civil
 15 service law fails to remediate the violations identified pursuant to
 16 subdivision six of section twenty-seven-a of the labor law within sixty
 17 days, an injured employee,