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Workers’ Compensation New York

FordHarrison

What Employers Need to Know About New York's Expansion of Workers' Compensation Benefits for Mental Health Injuries

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New York significantly expanded workers’ compensation benefits to include coverage of certain mental health-related injuries. As of January 1, 2025, the New York Workers’ Compensation Law provides that “all workers” who...more

Weber Gallagher Simpson Stapleton Fires &...

NY Workers’ Compensation Case Roundup - May 2025

The lone decision from the 3rd Dept today is very harsh. In Matter of Coyle v. W & W Steel Erectors, the 3rd Dept. affirmed the Board Panel’s decision to reject an appeal as late, despite the basis for the appeal being a...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – May 2025

Attached are three 3rd Dept decisions released Thursday, 5/1/25: Pressimone v. NYCHA. Cautionary tale. Here, there was a deadline set for medical depositions....more

Goldberg Segalla

Gov. Hochul’s Proposed Regulatory Changes to Workers’ Comp Treatment

Goldberg Segalla on

In her 2025 State of the State, Gov. Kathy Hochul outlined several proposals aimed at improving access to medical care within the New York State Workers’ Compensation system. These initiatives, detailed in her “Fighting for...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Update: 3rd Dept. Decision on Case on FROI-00 then SROI-04

This decision was released by the 3rd Dept. on Thursday 4.10.25: We see this situation happen from time to time. A First Report of Injury (FROI) is initially filed – “Lost Time with No Paid Indemnity” and the Agreement to...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – March 2025

The WC Appellate Roundup for 3/28/25 is as follows: Augone v. Shop & Stop: Claimant, a grocery store clerk, was found not to have violated Sec. 114-a for a willful misrepresentation when he said to his doctors that he,...more

Marshall Dennehey

Did the Cat Move the Ladder?

Marshall Dennehey on

Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more

Goldberg Segalla

Fraud Doesn’t Pay in New York – February 2025 Update

Goldberg Segalla on

As a part of our Quarterly Practice Group Update, we are pleased to produce another installment with examples of our continued success in the area of fraud litigation. The New York State Workers’ Compensation Board has...more

Mintz - Employment Viewpoints

New York Expands its Workers’ Compensation Law to Extend Workplace-Related PTSD Coverage to All Employees

The most recent amendment to New York’s Workers’ Compensation Law, which went into effect on January 1, 2025, permits any employee to seek workers’ compensation benefits when they experience a “mental injury premised upon...more

Littler

New York Significantly Expands Workers’ Compensation Coverage for Work-Related Stress Claims

Littler on

On December 6, 2024, Governor Kathy Hochul signed new legislation, S.6635/A.5745, to support employees facing job-related mental health issues. The law, which went into effect on January 1, 2025, will allow any employee to...more

Weber Gallagher Simpson Stapleton Fires &...

Three Appellate Division Decisions Affecting New York Workers’ Compensation

Last week, three Appellate Division decisions were made that will affect New York Workers’ Compensation matters: 1. Giesselmann v. Rotterdam Steel, LLC CV-23-1921 . This was a good decision from the 3rd Dept., affirming a...more

Goldberg Segalla

New York Enacts New Law for Workers Facing Job-Related Mental Injury

Goldberg Segalla on

Under S.6635/A.5745: Where a [worker] files a claim for mental injury premised upon extraordinary work-related stress incurred at [work], the board may not disallow the claim upon a factual finding that the stress was not...more

Weber Gallagher Simpson Stapleton Fires &...

Stressed out? Come to New York and get Workers Compensation!

Big change in New York regarding psych claims, effective January 1, 2025. A WORKER  files  a  claim  for  mental  injury  premised upon extraordinary work-related stress incurred AT WORK, the board may not disallow the claim...more

Goldberg Segalla

Fraud Doesn't Pay in New York – August 2024 Update

Goldberg Segalla on

As a part of our Quarterly Practice Group Update, we are pleased to produce our latest installment of our continued success in fraud litigation. This report was originally conceptualized three years ago as a one-time...more

Hinshaw & Culbertson - Employment Law...

Governor Hochul Signs a Series of Bills Amending New York Labor and Employment Law

New York Governor Kathy Hochul signed a bill last month that amended the New York State's Human Rights Law to state that interns are protected from unlawful discrimination based on gender identity or expression. Since 2014,...more

Goldberg Segalla

New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

Goldberg Segalla on

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity...more

Goldberg Segalla

New York’s Minimum Weekly Workers’ Comp Benefits to Increase Under New Law

Goldberg Segalla on

Key Takeaway - The minimum weekly compensation for individuals receiving workers’ compensation benefits will soon increase under legislation signed by New York Gov. Kathy Hochul. Hikes in the minimum weekly compensation...more

Weber Gallagher Simpson Stapleton Fires &...

Delaware and New York 2023-2024 Average Weekly Wage Rates

Delaware and New York have released the 2023-2024 workers' compensation temporary disability benefit rates based on the statewide average weekly wage. These rates take effect July 1, 2023....more

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