This change in the WCL provides that where a worker files a claim for mental injury premised upon extraordinary work-related stress, the Board may not disallow the claim upon a factual finding that the stress was not greater than that which usually occurs in the normal work environment.
As previously developed through case law, a claimant has long 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 had removed the “stress greater than” standard with respect to certain designated first responders where a claim for mental injury was premised upon extraordinary work-related stress incurred in a work-related emergency. This latest statutory amendment to take effect January 1, 2025 now removes the “stress greater than” standard or all workers who bring claims for mental injury that are based upon work-related stress. The statute does still require that the work-related stress be “extraordinary”.
In a claim for an accidental mental injury, the claim can be premised upon injuries that are caused by either discrete, identifiable traumas or by prolonged unusual circumstances.
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 with their New York State Workers’ Compensation and New York State Disability Retirement claims. The Firm also represents individuals nationwide with their Social Security Disability and Veterans Administration claims. The Firm also represents individuals in Florida with their Workers’ Compensation claims and Disability Retirement claims.
Should you have any questions or you would like to discuss this matter with us further, please contact us at 1-866-965-2667.
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