New Law: Can You Be Compensated for Work-Related Stress in New York Now?
On Friday, December 6th, Governor Kathy Hochul announced her signing of a new law that aims to expand mental health care for New Yorkers.
The new law comes with a $1 billion investment.
Governor Kathy Hochul Signs New Law to Benefit Workers in New York State
Legislation S.6635/A.5745 was initially introduced back in May of 2023. The bill's goal was to broaden mental health coverage for workers in New York.
Since that time, the bill went through 2 rounds of edits and votes until it ultimately passed 41 yay votes to 19 nay votes.
As of its recent passage, the new law should "support working people who are facing job-related mental health crises" according to Hochul's press release. While that seems a little broad, here's a little bit more specific of a breakdown in terms of what this law covers:
New Workers Compensation Applications
A major part of this law is that now, employees in New York can apply for worker's compensation if they feel they are undergoing a mental health crisis that is a result of their job. In the past, this option was only available for select first responder positions.
This new law now grants every worker in the State of New York the same opportunity.
What Counts As Work-Related Stress and Who Qualifies for Compensation?
The criteria for "work-related stress" isn't quite spelled out in Hochul's press release beyond her stating, "those who have experienced the unthinkable while on the job deserve to be treated fairly."
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In looking at the actual text of this law, here's how the process will work:
- If a worker feels they have incurred "mental injury premised upon extraordinary work-related stress," they can file a claim. The bill itself notes in brackets that the circumstances might include a "work-related emergency."
- From there, the claim will move to be assessed by a board. The board will need to determine through fact that "the stress was not greater than that which usually occurs in the normal work environment" in order to deny the claim.
Hochul's Mission to Expand Mental Health Aid to All New Yorkers
This new law is the latest in a string addressing the mental health crisis in New York which included a $20 million to increase mental health services in schools.
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