Workers’ Comp Expanded For Stress Claims
Employees go through a lot in their working environments. While wages may remain stagnant in many industries, the good news is that worker protections are expanding. Workers often deal with a lot of mental stress. In the past, they did not receive workers’ compensation benefits for this stress, but this has changed.
In December 2024, New York Gov. Kathy Hochul signed new legislation into law. S.6635/A.5745 supports employees facing mental health issues while on the job. The law went into effect on January 1, 2025, and will allow any employee to file for workers’ compensation benefits for specific types of mental injuries based on extraordinary work-related stress.
Under the revised New York’s Workers’ Compensation Law, the New York Workers’ Compensation Board “may not disallow a claim upon a factual finding that the stress was not greater than that which usually occurs in the normal work environment.”
This is a huge expansion of coverage for employees in New York. In the past, only first responders facing post-traumatic stress disorder were eligible for mental health benefits. The new law also removes the condition previously imposed on first responders in that the stress was incurred during a “work-related emergency.”
The removal of any requirement that the stress suffered be greater than normal stress sustained by similar workers will likely result in a significant increase in claims. However, there will likely be updates and clarifications as to what qualifies as “extraordinary” stress.
Under the new legislation, an employee may seek a stress claim based on the usual stress incurred while working in that position, assuming that the stress is shown to be extraordinary. In other words, the cause of the employee’s stress will not be an issue. The claim will be approved based on the degree and type of stress suffered.
Ultimately, the stress experienced in the course of employment must be proven by the claimant. Also, the stress does not need to result from a single event or occurrence but can be cumulative.
However, the question of whether a stress claim is in fact work-related is an issue to be resolved by the Workers’ Compensation Board. As the law does not define what constitutes “extraordinary work-related stress,” the scope of eligible claims will ultimately be left to Workers’ Compensation administrative law judges to interpret.
There are exceptions to the workers’ compensation exclusive remedy rule. A current or former employee is allowed to sue for emotional distress damages in arbitration or in court. An example would be the employer’s failure to maintain insurance coverage. The law provides employees with two options. They can either sue for the damages sustained as a result of the injury or seek benefits under the Workers’ Compensation Law.
Contact Us for More Information About Workers’ Compensation Benefits
Workplace injuries are not just physical in nature. Mental stress can take its toll as well, causing serious mental health issues.
Dealing with workplace stress? A White Plains workers’ compensation lawyer from The Law Office of Michael Lawrence Varon can help with the claims process. We can help you get the compensation you deserve. Fill out the online form or call (914) 228-1770 to schedule a consultation.
Source:
shrm.org/topics-tools/employment-law-compliance/ny-expands-workers-compensation-coverage-work-stress-claims
