New York S 6376: Prohibits insurance carriers and employers from withholding certain benefits from injured workers based on attachment to the labor market

Bill Text

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S06376 Summary:

BILL NOS06376A

&nbsp

SAME ASSAME AS A08482-A

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSRMAYER

&nbsp

MLTSPNSR

&nbsp

Amd §15, Work Comp L

&nbsp

Prohibits insurance carriers and employers from withholding certain benefits from injured workers based on a claim that such workers have voluntarily withdrawn from the labor market by not seeking alternate employment that their injury or illness does not preclude them from performing.

Go to top S06376 Actions:

BILL NOS06376A

&nbsp

03/12/2025REFERRED TO LABOR

05/27/20251ST REPORT CAL.1297

05/28/20252ND REPORT CAL.

05/29/2025ADVANCED TO THIRD READING 

06/13/2025COMMITTED TO RULES

01/07/2026REFERRED TO LABOR

04/21/2026REPORTED AND COMMITTED TO FINANCE

04/30/2026AMEND AND RECOMMIT TO FINANCE

04/30/2026PRINT NUMBER 6376A

06/04/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/04/2026ORDERED TO THIRD READING CAL.1713

06/04/2026SUBSTITUTED BY A8482A

&nbspA08482 AMEND=A Cruz

&nbsp05/16/2025referred to labor

&nbsp05/20/2025reported referred to rules

&nbsp05/21/2025reported 

&nbsp05/21/2025rules report cal.255

&nbsp05/21/2025ordered to third reading rules cal.255

&nbsp05/27/2025passed assembly

&nbsp05/27/2025delivered to senate

&nbsp05/27/2025REFERRED TO LABOR

&nbsp01/07/2026DIED IN SENATE

&nbsp01/07/2026RETURNED TO ASSEMBLY

&nbsp01/07/2026ordered to third reading cal.213

&nbsp05/04/2026amended on third reading 8482a

&nbsp05/13/2026passed assembly

&nbsp05/13/2026delivered to senate

&nbsp05/13/2026REFERRED TO FINANCE

&nbsp06/04/2026SUBSTITUTED FOR S6376A

&nbsp06/04/20263RD READING CAL.1713

&nbsp06/04/2026PASSED SENATE

&nbsp06/04/2026RETURNED TO ASSEMBLY

Go to topS06376 Committee&nbspVotes:

Go to topS06376 Floor&nbspVotes:

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

Go to topS06376 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6376--A

 2025-2026 Regular Sessions

 IN SENATE

 March 12, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
 and when printed to be committed to the Committee on Labor -- recom-
 mitted to the Committee on Labor in accordance with Senate Rule 6,
 sec. 8 -- reported favorably from said committee and committed to the
 Committee on Finance -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the workers' compensation law, in relation to prohibit-
 ing insurance carriers and employers from withholding certain benefits
 from injured workers based on attachment to the labor market

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

 1 Section 1. Paragraph w of subdivision 3 of section 15 of the workers'
 2 compensation law, as amended by section 1 of subpart A of part NNN of
 3 chapter 59 of the laws of 2017, is amended to read as follows:
 4 w. Other cases. In all other cases of permanent partial disability,
 5 the compensation shall be sixty-six and two-thirds percent of the
 6 difference between the injured employee's average weekly wages and [his
 7 or her] such injured employee's wage-earning capacity thereafter in the
 8 same employment or otherwise. Compensation under this paragraph shall
 9 be payable during the continuance of such permanent partial disability,
 10 [without the necessity for the claimant who is entitled to benefits at
 11 the time of classification to demonstrate ongoing attachment to the
 12 labor market, but] subject to reconsideration of the degree of such
 13 impairment by the board on its own motion or upon application of any
 14 party in interest however, all compensation payable under this paragraph
 15 shall not exceed (i) five hundred twenty-five weeks in cases in which
 16 the loss of wage-earning capacity is greater than ninety-five percent;
 17 (ii) five hundred weeks in cases in which the loss of wage-earning
 18 capacity is greater than ninety percent but not more than ninety-five
 19 percent; (iii) four hundred seventy-five weeks in cases in which the
 20 loss of wage-earning capacity is greater than eighty-five percent but

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10555-02-6

 S. 6376--A 2

 1 not more tha