New York Moves Forward with Legislation to Broaden Mental Injury Compensation

Earlier this month, the New York Senate recently passed a bill that increases the scope of mental injury compensation for every worker in the state. Also known as A.B. 5745, this legislation can transform the state’s approach to workers’ comp cases involving mental health.

What Will Assembly Bill 5745 Do?

Passed by a 40-18 vote, A.B. 5745 aims to make filing a claim based on mental injury easier for workers across every industry. As the law currently stands, workers’ comp based on mental injury is only reserved for emergency service workers such as police officers, firefighters, emergency medical technicians, paramedics, dispatchers, and other workers certified to provide medical care in emergencies.

While these professions are incredibly stressful, the law restricts workers from other industries that may be experiencing similar mental health conditions from getting the benefits they need. Once the bill becomes law, workers who experience extraordinary work-related stress can apply without issues. The bill will also prohibit New York’s Workers’ Compensation Board from dismissing the claim if they consider the worker’s stressor part of their workday. In other words, the cause of the person’s mental injury won’t be the main issue in filing a claim, even if it’s the usual workplace stress.

How This Bill Helps Workers Going Forward

Mental health has been on the rise in recent years, and 20% of Americans have a mental illness in some form. Once A.B. 5745 passes, it would represent a massive change in how the board interprets mental health in the workplace and acknowledges the need to address mental injuries more seriously.

The bill also recognizes that extraordinary stress can affect any employee, regardless of the industry. It sends a strong message for employers to take workplace stress more seriously. Knowing that they could be held responsible for their workers’ mental health, businesses may start promoting a healthier work environment.

The expansion of mental health benefits will come into effect a year after the bill goes into effect. This grace period gives employers appropriate time to adapt to the changes and allows workers to understand their new rights better. 

Schedule A Consultation With Us Today

Navigating your workers’ comp claim can be incredibly stressful when you’re doing everything on your own. For this reason, hiring a lawyer can help you file your claim and receive compensation for your injuries. Our experienced New York workers’ compensation attorneys will guide you through the process and help you understand your rights under the new legislation. If you have any questions or want to schedule a free case review, please contact us online or call us at 877-693-2529 today.