Legislation for Broadening Mental Stress Compensation Progresses in New York

The New York Senate approved a proposal to extend workers' compensation benefits for mental stress to all employees experiencing extreme stress, following a similar proposal's veto by Governor Kathy Hochul in 2022. The bill, A.B. 5745, passed with a 40-18 vote and moves to the state Assembly. It aims to broaden employer responsibility for mental distress by removing current restrictions that limit benefits to specific roles like emergency responders. The law would cover all employees facing exceptional work-related stress, with implementation set for the following year.

Legislation for broadening mental stress compensation progresses in new york
Mental Stress Compensation in New York

 

The New York Senate approved a proposal on Thursday aiming to extend workers compensation benefits for mental stress to all employees experiencing extreme stress, a half year following the veto of a similar proposal by Governor Kathy Hochul, which was passed in 2022.

The bill, known as A.B. 5745, was endorsed with a vote of 40-18 and subsequently forwarded to the state Assembly.

This legislation, as analyzed by experts, is poised to significantly broaden the scope of employer responsibility for mental distress in work environments. It aims to eliminate wording in the state law which currently confines work-induced stress benefits exclusively to specific roles — such as police officers, firefighters, emergency medical technicians, paramedics, dispatchers, and others certified to offer medical aid in emergency scenarios.

The proposed law would broaden compensation benefits to all employees in the state, based on “exceptional work-related stress at work.” It would also prevent the state’s Workers Compensation Board from rejecting a claim if the facts establish that the stressor is ordinarily present in the workplace.

The implementation of the enhanced mental health benefits would commence the following year after the bill’s passage.

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