Mental injury legislation

On December 6, 2024, Governor Hochul signed legislation amending Section 10 of the Workers’ Compensation Law (WCL) with respect to claims for mental injuries resulting from work-related stress, subject to a chapter amendment agreed to by the Legislature and the Governor (Laws of New York, 2024, Chapter 546, Approval Memorandum 21 [enacting S6635/A5745]).  On February 14, 2025, the Governor signed the chapter amendment (Laws of New York, 2025, Chapter 79 [enacting S755/L1677]).  Important points about this legislation are:

• The amendments to WCL § 10 in S6635/A5745 were superseded by the chapter amendment signed on February 14, 2025 (S755/L1677) and are no longer in effect.
• The amendments to WCL § 10 in S755/L1677 go into effect on June 4, 2025, and will apply to all pending claims, regardless of the date of accident.
• Prior to June 4, 2025, pending claims will be decided based on existing law.

Stakeholders who may potentially be impacted are encouraged to review the legislation, which is available on the websites of the New York State Assembly and Senate.  Of note, effective June 4, 2025, a new paragraph (c) will be added to subdivision (3) of WCL § 10, providing:

(c) The board may not disallow a claim by a covered employee upon a factual finding that the stress was not greater than that which usually occurs in the normal work environment where a claim for post-traumatic stress disorder (PTSD), acute stress disorder or major depressive disorder resulting from work-related stress is filed upon submission of medical evidence based on the criteria contained in the version of the Diagnostic and Statistical Manual of Mental Disorders in effect on the date of accident, or as otherwise adopted by the board, provided that such adoption shall be no more stringent than the current or immediately preceding version of the Diagnostic and Statistical Manual of Mental Disorders.  Such covered employee must demonstrate that such disorder arose out of extraordinary work-related stress attributable to a distinct work-related event or events directly related to the employment and occurring during the performance of the employee's job duties.

Questions?

For questions, please contact the Board's Office of General Counsel at: officeofgeneralcounsel@wcb.ny.gov.