NEW YORK WORKERS’ COMPENSATION ALLIANCE RELEASES LEGISLATIVE PRIORITIES FOR 2022

By NEW YORK WORKERS’ COMPENSATION ALLIANCE | February 8, 2022

LEGISLATIVE PUSH COMES AFTER GOVERNOR HOCHUL SIGNS KEY MEASURES REGARDING ATTORNEY FEES AND REMOVING LANGUAGE BARRIERS FOR INJURED WORKERS WITHIN THE WORKERS’ COMPENSATION SYSTEM

New York – The New York Workers’ Compensation Alliance today announced its legislative priorities ahead of the 2022 New York legislative session including improvements on social security disability insurance, increased transparency for injured workers’ claims, and improved efficiency and timeliness for affected injured workers.

Recent pushes come after Governor Hochul signed key pieces of legislation in 2021 regarding attorney fee structures and removing language barriers for injured workers within the workers’ compensation system.

“The Workers’ Compensation Alliance has made bold steps in 2021 by advocating for legislation that puts our injured workers at the forefront of the workers’ compensation system. In the last year, we helped pass the standardization of attorney fees in workers’ compensation cases and we are pleased that other bills benefiting injured workers passed including a measure that requires the workers’ compensation board to provide interpretation services,” said William Crossett, Co-Chair of the New York Workers’ Compensation Alliance. “Through our legislative priorities for 2022, we are doubling down on our efforts to make sure that every injured worker has the access, support, and resources they need to recover.”

The Workers’ Compensation Alliance is planning on prioritizing and advocating for the following legislation:

1. A1220-A/S1024; Sponsors: Assembly Member Harry Bronson and Senator Jessica Ramos
   1. Includes a presumption of the permanent total disability for those on social security disability insurance as a result of the injury or inability to perform sedentary work.
2.  A1098/S1023; Sponsors: Assembly Member Harry Bronson and Senator Jessica Ramos
   1. Amends Section 35 (Safety Net) to define extreme hardship and apply it to cases with 50% Loss of Wage-Earning Capacity. This will allow certain claimants to be reclassified as permanent total disability or total industrial disability due to extreme hardship.
3. A1118/S768; Sponsors: Assembly Member Harry Bronson, and Senator Andrew Gounardes
   1. 1. Amends workers compensation law by defining temporary total disability as the injured employee’s inability to perform his or her pre-injury employment duties.
4. A3671/S845; Sponsors: Assembly Member Pamela Hunter, and Senator Andrew Gounardes
   1. Provides an initial hearing in every case for injured workers who claim compensation.
5. A2127/S4399; Sponsors: Assembly Member Jean Pierre, and Senator Jessica Ramos
   1. 1. Enacts the COVID-19 injured workers’ protection act.
6. A5692/S4875; Sponsors: Assembly Member Latoya Joyner, and Senator Jessica Ramos
   1. Eliminates the conciliation provisions in Section 25 and provides for a live verbatim stenographic record, that decisions be issued in the native language of the injured worker and that closing of the case requires a hearing or stipulation.

About the New York Workers’ Compensation Alliance

The Workers’ Compensation Alliance is a statewide coalition of injured workers and other stakeholders committed to protecting the rights of injured workers under the New York State Workers’ Compensation Law.