Governor Hochul Signs Into Law Workers' Compensation Bill Expanding Coverage for Mental Stress Injuries to All Workers
Governor Hochul has signed into law, as Chapter 546 of the Laws of 2024, a bill that amends Section 10(3)(b) of the New York State Workers' Compensation Law to allow all workers to seek workers' compensation benefits for a mental injury premised upon extraordinary work-related stress at work. Previously, this use of workers' compensation was limited to certain first responders exposed to emergency situations. The new law vastly expands the reach of workers' compensation benefits to all workers who experience mental stress injuries from their work. The new law takes effect January 1, 2025. A copy of the new law is below, as is Governor Hochul's announcement of the new law. Governor Hochul has noted that some amendments to the new law will be necessary to better define the kinds of mental injury that will be covered. Governor Hochul's Approval Memo can be read here: Governor Hochul Chapter 546 Approval Memo.
LAWS OF NEW YORK, 2024
CHAPTER 546 1 AN ACT to amend the workers' compensation law, in relation to claims for 2 mental injury premised upon extraordinary work-related stress 3 4 Became a law December 5, 2024, with the approval of the Governor. 5 Passed by a majority vote, three-fifths being present. 6 7 The People of the State of New York, represented in Senate and Assem- 8 bly, do enact as follows: 9 10 Section 1. Paragraph (b) of subdivision 3 of section 10 of the work- 11 ers' compensation law, as added by section 1 of subpart I of part NNN of 12 chapter 59 of the laws of 2017, is amended to read as follows: 13 (b) Where a [police officer or firefighter subject to section thirty] 14 [of this article, or emergency medical technician, paramedic, or other] 15 [person certified to provide medical care in emergencies, or emergency] 16 [dispatcher] worker files a claim for mental injury premised upon 17 extraordinary work-related stress incurred [in a work-related emergency] 18 at work, the board may not disallow the claim[,] upon a factual finding 19 that the stress was not greater than that which usually occurs in the 20 normal work environment. 21 § 2. This act shall take effect on the first of January next succeed- 22 ing the date on which it shall have become a law. 23 24 The Legislature of the STATE OF NEW YORK ss: 25 Pursuant to the authority vested in us by section 70-b of the Public 26 Officers Law, we hereby jointly certify that this slip copy of this 27 session law was printed under our direction and, in accordance with such 28 section, is entitled to be read into evidence. 29 30 ANDREA STEWART-COUSINS CARL E. HEASTIE 31 Temporary President of the Senate Speaker of the Assembly 32 33 34 35 36 37 38 39 EXPLANATION--Matter in italics is new; matter in brackets [] is old law 40 to be omitted.
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Governor Kathy Hochul signed new legislation to support working people who are facing job-related mental health crises. This law will allow any worker to file for workers' compensation for specific types of mental injury premised on extraordinary work-related stress. Signing this law continues Governor Hochul's commitment to addressing the mental health crisis in New York, including by investing $1 billion to transform the continuum of care.
“New Yorkers work hard — and those who have experienced the unthinkable while on the job deserve to be treated fairly,” Governor Hochul said. “The mental health crisis our country has experienced since the COVID-19 pandemic is unprecedented, and we need to do everything in our power to lend a hand to those in need. I'll never stop fighting for the working people of New York.”
Through an agreement with the Legislature, Legislation S.6635/A.5745 will allow any worker to file for workers' compensation for specific types of mental injury premised on extraordinary work-related stress. This expands coverage to all workers in the State of New York; previously, only certain first responders were eligible for such benefits.
New York State AFL-CIO President Mario Cilento said, “We applaud Governor Hochul for taking an important step toward helping workers suffering from mental illness as a result of their employment. This law removes significant hurdles workers face when accessing care and benefits for workplace mental health claims. Thank you to Senator Ramos and Assemblymember Reyes for recognizing the need for parity for mental and physical workplace illness/injury.”
State Senator Jessica Ramos said, “Not all injuries are physical, but all workers should get support for injuries sustained on the job. I am so grateful for the Governor’s support of this legislation. Together, we are consistently enacting the change and ushering through the investments needed to take care of New Yorkers’ mental health.”
Assemblymember Karines Reyes said, “I thank Governor Hochul for signing my vital legislation into law today. For far too long, New York’s workers have been denied the basic access of having their claims of work-related mental distress from being reviewed by the Workers’ Compensation Board. Claims of post-traumatic stress disorder and other forms of mental injury, which are becoming more common in workplaces and industries, are more than deserving of study and potential consideration for disability benefits. It is time for our state to recognize that productivity requires the safety and security of the mind, equal to that of the body. This new law will ensure that our state’s social safety net addresses the challenges that employees face in the 21st Century economy. I thank the advocates in organized labor and others for their years of advocacy in getting this bill across the finish line.”
New York State Workers’ Compensation Board Chair Clarissa M. Rodriguez said, “We are grateful to Governor Hochul for her support for injured workers, expanding access to benefits through this critical legislation. We also commend the AFL-CIO, the bill sponsors Senator Ramos and Assemblywoman Reyes, and mental health advocates for their tireless efforts on behalf of injured workers. Workers’ compensation is here for workers who have been injured or made ill on the job, whether their injury is one you can see or not.”
Co-Chair of the Workers’ Compensation Alliance Holly Mannillo said, “The Workers’ Compensation Alliance is pleased that the Governor has recognized the significance of work-related psychological injuries. We hope that this legislation will expand coverage and care to injured workers throughout New York State.”
This legislation builds on the Governor’s commitment to strengthening the state’s mental health care system and improving access for all New Yorkers. The Governor’s FY 2025 Enacted Budget included $20 million to continue expanding school-based mental health clinic satellites, $19 million to provide critical care to young people outside of school environments, $33 million to build supports for individuals living with a mental illness who are involved in the criminal justice system, and $55 million to add 200 inpatient beds at state-operated psychiatric centers.
