New York S 4140: Enacts the protection in the workplace act

Bill Text

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S04140 Summary:

BILL NOS04140 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Add §10-a, amd §§11 & 29, Work Comp L

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Enacts the "protection in the workplace act"; provides that injuries to employees as a result of the commission of a sexual offense shall entitle such employee to all rights and benefits available pursuant to the workers' compensation law and, in addition, shall permit such employee to pursue any other remedies available at law or in equity; clarifies that workers' compensation should be exclusive remedy except when the employee suffers personal injury as a result of a sexual offense committed by a co-worker.

Go to top S04140 Actions:

BILL NOS04140 

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02/03/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS04140 Committee&nbspVotes:

Go to topS04140 Floor&nbspVotes:

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

Go to topS04140 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4140

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 Introduced by Sen. PARKER -- 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 enacting
 the "protection in the workplace act"

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "protection in the workplace act".
 3 § 2. Legislative intent. It is the finding of this legislature that
 4 violence in the workplace has become an increasingly serious occupa-
 5 tional hazard, which all too many employees and employers must confront.
 6 While it is the intent of the workers' compensation system to provide
 7 medical aid and monetary compensation to injured workers or their survi-
 8 vors in return for the surrender of their right to petition the courts,
 9 it is the finding of this body that rape, sexual assault or other sex
 10 crimes should not be classified as a condition of employment at the
 11 expense of the workers' compensation system's ameliorative goals and
 12 that such system is not and should not be used as a shield to permit
 13 employers whose negligent acts or omissions cause injury or harm to
 14 fellow employees without such injured employees having every opportunity
 15 for full and adequate redress. For purposes of determining benefits
 16 pursuant to the workers' compensation law, sexual assault is not, and
 17 shall not be considered a condition of employment.
 18 It is therefore the intent of this legislation to ensure that workers
 19 suffering sexual assault in the workplace due to the derelict or negli-
 20 gent practices of their employer, receive appropriate medical care and
 21 benefits but also have every opportunity to recover all damages commen-
 22 surate with their injury.
 23 § 3. The workers' compensation law is amended by adding a new section
 24 10-a to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07717-01-5

 S. 4140 2

 1 § 10-a. Liability resulting from sexual offenses. Notwithstanding any
 2 other provision of law, any employee suffering injury or personal injury
 3 pursuant to subdivision seven of section two of this chapter as a conse-
 4 quence of a sexual offense as defined in article one hundred thirty of
 5 the penal law due to negligent acts or omissions of the employer shall
 6 be entitled to all rights and benefits available pursuant to this chap-
 7 ter and, in addition may pursue any remedy available in equity or at
 8 law, for compensation for any and all damages resulting from such inju-
 9 ry.
 10 § 4. Section 11 of the workers' compensation law, as amended by chap-
 11 ter 835 of the laws of 2022, is amended to read as follows:
 12 § 11. Alternative remedy. 1. The liability of an employer prescribed
 13 by [the last preceding] section ten of this article shall be exclusive
 14 and in place of any other liability whatsoever, to such employee, [his
 15 or her] such employee's personal representatives, spouse, parents,
 16 dependents, distributees, or any person otherwise entitled to recov