New York A 3293: Relates to recoveries from a third-party action

Bill Text

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A03293 Summary:

BILL NOA03293 

&nbsp

SAME ASNo Same As

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SPONSORConrad

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §29, Work Comp L

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Relates to recoveries from a third-party action; provides that liens on recoveries shall be limited to lost wages or medical expenses.

Go to top A03293 Actions:

BILL NOA03293 

&nbsp

01/27/2025referred to labor

01/07/2026referred to labor

Go to topA03293 Committee&nbspVotes:

Go to topA03293 Floor&nbspVotes:

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

Go to topA03293 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3293

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 Introduced by M. of A. CONRAD -- read once and referred to the Committee
 on Labor

 AN ACT to amend the workers' compensation law, in relation to recoveries
 from a third-party action

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

 1 Section 1. Subdivision 1 and the fifth undesignated paragraph of
 2 subdivision 5 of section 29 of the workers' compensation law, subdivi-
 3 sion 1 as amended by chapter 805 of the laws of 1984 and as further
 4 amended by section 104 of part A of chapter 62 of the laws of 2011, and
 5 the fifth undesignated paragraph of subdivision 5 as amended by chapter
 6 246 of the laws of 1967, are amended to read as follows:
 7 1. If an employee entitled to compensation under this chapter be
 8 injured or killed by the negligence or wrong of another not in the same
 9 employ, such injured employee, or in case of death, [his] such employ-
 10 ee's dependents, need not elect whether to take compensation and medical
 11 benefits under this chapter or to pursue [his] such employee's remedy
 12 against such other but may take such compensation and medical benefits
 13 and at any time either prior thereto or within six months after the
 14 awarding of compensation or within nine months after the enactment of a
 15 law or laws creating, establishing or affording a new or additional
 16 remedy or remedies, pursue [his] such employee's remedy against such
 17 other subject to the provisions of this chapter. If such injured employ-
 18 ee, or in case of death, [his] such employee's dependents, take or
 19 intend to take compensation, and medical benefits in the case of an
 20 employee, under this chapter and desire to bring action against such
 21 other, such action must be commenced not later than six months after the
 22 awarding of compensation or not later than nine months after the enact-
 23 ment of such law or laws creating, establishing or affording a new or
 24 additional remedy or remedies and in any event before the expiration of
 25 one year from the date such action accrues. In such case, the state

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06763-01-5

 A. 3293 2

 1 insurance fund, if compensation be payable therefrom, and otherwise the
 2 person, association, corporation or insurance carrier liable for the
 3 payment of such compensation, as the case may be, shall have a lien on
 4 the proceeds of any recovery from such other, to the extent such recov-
 5 ery is for lost wages or medical expenses, whether by judgment, settle-
 6 ment or otherwise, after the deduction of the reasonable and necessary
 7 expenditures, including attorney's fees, incurred in effecting such
 8 recovery, to the extent of the total amount of compensation awarded
 9 under or provided or estimated by this chapter for such case and the
 10 expenses for medical treatment paid or to be paid by it and to such
 11 extent such recovery shall be deemed for the benefit of such fund,
 12 person, association, corporation or carrier. Should the employee or
 13 [his] such employee's dependents secure a recovery from such other,
 14 whether by judgment, settlement or otherwise, such employee or depen-
 15 dents may apply on notice to such lienor to the court in which the third
 16 party action was instituted, or to a court of competent jurisdiction if
 17 no action was instituted, for an order apportioning the reasonable and
 18 necessary expenditures, including attorneys' fees, incurred in effecting
 19 such recovery. Such expenditures