Gov. Hochul has signed amendments of the Workers’ Compensation Law (WCL) into law which will become effective June 4, 2025. These changes are to section 10 of the WCL and pertain specifically to claims for work-related mental injuries.
An employee in New York has long been able to claim Workers’ Compensation benefits for a work-related accidental mental injury. Such a claim can be premised upon injuries that are caused by either discrete, identifiable traumas or by prolonged unusual circumstances.
A worker has been required to demonstrate that the stress that caused the claimed mental injury was greater than that which other similarly situated workers experience in the normal work environment. A 2017 amendment to the WCL added WCL §10(3)(b) and removed the “stress greater than” standard with respect to certain designated first responders (police officer, firefighter, emergency medical technician, paramedic, emergency dispatcher or other person certified to provide medical care in emergencies) where a claim for mental injury was premised upon extraordinary work-related stress incurred in a work-related emergency. The Board has limited the provisions of WCL §10(3)(b) to just employees in those designated titles but has found that the statute covers not just single identifiable incidents but cumulative traumatic events as well.
The latest statutory changes to WCL §10 add two new subdivisions to the statute, paragraphs (c) and (d).
The more straightforward of these provisions is WCL §10(3)(d), which provides that none of the other changes contained within WCL §10(3) shall apply to a claim for mental injury that is due to a work-related physical injury. This statutory provision essentially provides what has long been the case, that is, that mental injuries that are consequential to a work-related physical injury are compensable so long as supported by credible competent medical evidence of causal relationship.
Subdivision (c) to WCL §10(3) is new, and provides that for any covered employee in New York [not limited to the first responder types of employees listed in subdivision (b)], a claim for work-related post-traumatic stress disorder (PTSD), acute stress disorder, or major depressive disorder resulting from work-related stress arising out of extraordinary work-related stress due to either a distinct work-related event or events related to the employment may not be denied by the Board based upon a finding that the stress was not greater than that which usually occurs in the normal work environment. The medical evidence in support of such a claim must be based upon criteria contained in the Diagnostic and Statistical Manual of Mental Disorders (DSM) or based upon other criteria established by the Board. Any criteria established by the Board may not be more stringent than the DSM.
Based upon the specific language found in each of the provisions of WCL §10(3) related to claims for work-related mental injuries, we anticipate employers and carriers raising many issues to try to avoid liability in such claims. The issues that may be raised are varied and complex. Our office stands ready to navigate these complexities and assist any worker in New York State who believes he or she suffers from a work-related mental injury.
Workers’ Compensation benefits include payment of expenses for necessary medical treatment, wage loss benefits for time that is missed from work due to the injury or illness, and in cases where the injury or condition has resulted in a permanent impairment, an award for schedule loss of use or ongoing permanent partial or total disability benefits. Workers’ Compensation death benefits are available to certain dependents and survivors of a person who dies as a result of a work-related accident or illness.
If you or someone you know has suffered a work-related injury or illness, call The Law Firm of Alex Dell, PLLC for a free consultation on the potential benefits available to you under the law.
The Law Firm of Alex Dell, PLLC represents injured and disabled individuals throughout New York State and Florida with their Workers’ Compensation and Disability Retirement claims. The Firm also represent individuals and Veterans nationwide with their Social Security Disability, Public Safety Officer Benefit, and Veterans Affairs Compensation Claims.
Should you have any questions or would like to discuss this matter with us further, please contact our office for a free consultation at 1-866-965-2667 or visit us at www.alexdell.com
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