New York S 3955: Relates to notification in the case of a change to a workers' compensation claims representative

Bill Text

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S03955 Summary:

BILL NOS03955 

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SAME ASNo Same As

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SPONSORRAMOS

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COSPNSRSANDERS

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MLTSPNSR

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Add §§138 & 138-a, Work Comp L

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Relates to notification in the case of a change to the workers' compensation claims representative.

Go to top S03955 Actions:

BILL NOS03955 

&nbsp

01/31/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS03955 Committee&nbspVotes:

Go to topS03955 Floor&nbspVotes:

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

Go to topS03955 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3955

 2025-2026 Regular Sessions

 IN SENATE

 January 31, 2025
 ___________

 Introduced by Sens. RAMOS, SANDERS -- 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 notifica-
 tion in the case of a change to a workers' compensation claims repre-
 sentative

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

 1 Section 1. The workers' compensation law is amended by adding a new
 2 section 138 to read as follows:
 3 § 138. Workers' compensation claims representative replacement. 1.
 4 Where an injured employee is entitled to workers' compensation benefits
 5 under this chapter and a claims representative has been assigned to such
 6 injured employee's workers' compensation claim by an insurance carrier,
 7 such insurance carrier shall be required to notify such injured employee
 8 or such employee's personal representative in the event that such claim
 9 is assigned to a new claims representative, or it is determined that the
 10 assignment of a claims representative is no longer necessary. For the
 11 purposes of this section, "claims representative" shall mean any employ-
 12 ee, agent, or other representative of an insurance carrier that is
 13 responsible for processing, adjudicating, or in any way effecting the
 14 settlement of a workers' compensation claim.
 15 2. An insurance carrier shall provide such notice by electronic means
 16 or by certified or registered mail, as elected by the injured employee,
 17 return receipt requested, to the last known address of the injured
 18 employee or such employee's personal representative within fourteen
 19 business days of the replacement of any claims representative or the
 20 determination that the assignment of a claims representative is no long-
 21 er necessary. Such notice shall include the name and contact information
 22 of the new claims representative when a new assignment has been made.
 23 § 2. The workers' compensation law is amended by adding a new section
 24 138-a to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08511-01-5

 S. 3955 2

 1 § 138-a. Workers' compensation claims representative replacement;
 2 self-insured employer. 1. Where an injured employee is entitled to work-
 3 ers' compensation benefits under this chapter and a claims represen-
 4 tative has been assigned to such injured employee's workers' compen-
 5 sation claim by a self-insured employer, such self-insured employer
 6 shall be required to notify such injured employee or such employee's
 7 personal representative in the event that such claim is assigned to a
 8 new claims representative, or it is determined that the assignment of a
 9 claims representative is no longer necessary. For the purposes of this
 10 section, "claims representative" shall mean any employee, agent, or
 11 other representative of a self-insured employer that is responsible for
 12 processing, adjudicating, or in any way effecting the settlement of a
 13 workers' compensation claim.
 14 2. A self-insured employer shall provide such notice by electronic
 15 means or by certified or registered mail, as elected by the injured
 16 employee, return receipt requested, to the last known address of the
 17 injured employee or such employee's personal representative within four-
 18 teen business days of the replacement of any claims representative or
 19 the determination that the assignment of a claims representative is no
 20 longer necessary. Such notice shall include the name and contact infor-
 21 m