New York A 3418: Relates to providing access to the workers' compensation system, timely and meaningful wage replacement benefits, and medical treatment; and to improve efficiency of the system and cost savings; repealer

Bill Text

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A03418 Summary:

BILL NOA03418 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBronson

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COSPNSRLunsford

&nbsp

MLTSPNSR

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Rpld §12, §25 sub 2-b, amd Work Comp L, generally

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Relates to providing access to the workers' compensation system, timely and meaningful wage replacement benefits, and medical treatment; relates to improving efficiency of the system and cost savings.

Go to top A03418 Actions:

BILL NOA03418 

&nbsp

01/27/2025referred to labor

01/07/2026referred to labor

Go to topA03418 Committee&nbspVotes:

Go to topA03418 Floor&nbspVotes:

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

Go to topA03418 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3418

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

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

 AN ACT to amend the workers' compensation law, in relation to providing
 access to the workers' compensation system, timely and meaningful wage
 replacement benefits, and medical treatment and to improve efficiency
 of the system and cost savings; and to repeal certain provisions of
 the workers' compensation law relating thereto

 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. (a) 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] in the following events: (i) the
 11 employer's violation of an applicable statute or regulation involving
 12 workplace safety was a proximate cause of the employee's injury or
 13 death; (ii) the employee's benefits have been terminated pursuant to
 14 paragraph w of subdivision three of section fifteen of this article; or
 15 (iii) the employer fails to secure the payment of compensation for [his
 16 or her] such employer's injured employees and their dependents as
 17 provided in section fifty of this chapter. In such events, an injured
 18 employee, or [his or her] such employee's legal representative in case
 19 of death results from the injury, may, at [his or her] such employee's
 20 option, elect to claim compensation under this chapter, or to maintain
 21 an action in the courts for damages on account of such injury[; and in
 22 such an action it shall not be necessary to plead or prove freedom from

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00318-01-5

 A. 3418 2

 1 contributory negligence nor may the defendant plead as a defense that
 2 the injury was caused by the negligence of a fellow servant nor that the
 3 employee assumed the risk of his or her employment, nor that the injury
 4 was due to the contributory negligence of the employee] where an action
 5 is brought pursuant to the employee's benefits being terminated pursuant
 6 to paragraph w of subdivision three of section fifteen of this article,
 7 any applicable statute of limitations shall be tolled from the date of
 8 injury until the date the employee's benefits are terminated. The
 9 employer shall be entitled to take credit for compensation paid under
 10 this chapter against any damages awarded in an action brought in the
 11 courts for damages. The liability under this chapter of The New York
 12 Jockey Injury Compensation Fund, Inc. created under section two hundred
 13 twenty-one of the racing, pari-mutuel wagering and breeding law shall be
 14 limited to the provision of workers' compensation coverage to jockeys,
 15 apprentice jockeys, exercise persons, and at the election of the New
 16 York Jockey Injury Compensation Fund, Inc., with the approval of the New
 17 York state gaming commission, employees of licensed trainers or owners
 18