Provides that where an employer or insurance carrier elects to controvert the right to compensation and such claimant holds a valid insurance policy, the employer or insurance carrier shall provide medical treatment to the injured claimant and payment to health care providers without regard to such controversy.
This bill amends New York's workers' compensation law to prevent employers from requiring employees to use paid time off before taking family leave. It expands the definition of "family leave" to include situations where an employee's family member (spouse, domestic partner, child, or parent) is on active military duty within the U.S. (including contiguous states, Hawaii, Alaska, or territories). The law directly affects employees needing leave to care for a family member with a serious health condition, bond with a newborn/adopted child, or address military-related exigencies. The policy change takes effect immediately, ensuring employees can access family leave without exhausting other accrued time first.
This bill requires insurance carriers and self-insured employers to notify injured workers (or their legal representatives) when a claims representative is replaced or no longer needed for workers' compensation claims. It mandates written notice within 14 business days - via email or certified mail - providing the new representative's name and contact details. The law applies specifically to workers receiving benefits under the state's workers' compensation system, ensuring they are informed of changes affecting their claim handling. This standardizes communication to prevent confusion during claim processing.
Provides that the weekly benefit which the disabled employee is entitled to receive for disability commencing: on or after January first, two thousand twenty-eight shall be fifty percent of the employee's average weekly wage but shall not exceed fifty percent of the state average weekly wage; on or after January first, two thousand twenty-nine shall be fifty-five percent of the employee's average weekly wage but shall not exceed fifty-five percent of the state average weekly wage; on or after January first, two thousand thirty shall be sixty percent of the employee's weekly average wage but shall not exceed sixty percent of the state average weekly wage; and on or after January first of each succeeding year, shall be sixty-seven percent of the employee's average weekly wage but shall not exceed sixty-seven percent of the state average weekly wage.
This bill (S 4299) allows injured workers covered by New York's workers' compensation program to receive acupuncture treatment from licensed or certified acupuncturists. It directly affects injured employees seeking treatment, acupuncturists who must meet specific education law requirements, and employers who must cover these services. Key provisions include requiring acupuncturists to submit treatment records to the state, establishing a fee schedule based on practitioner type (licensed vs. certified), and mandating that acupuncturists bill employers directly - not injured workers - within 48 hours of the first treatment. The bill also sets rules for dispute resolution over treatment fees and requires employers to allow impartial examinations of billing disputes.
Authorizes the commissioner of labor and the workers' compensation board to issue stop-work orders; establishes procedure for the issuance of such orders; establishes penalties for failure to comply with such orders.
Prohibits insurance carriers and employers from withholding certain benefits from injured workers based on a claim that such workers have voluntarily withdrawn from the labor market by not seeking alternate employment that their injury or illness does not preclude them from performing.
Relates to the presumption that an injured worker who has not refused an offer of reemployment from their employer has not voluntarily withdrawn from the labor market for compensation purposes.
This bill expands New York's workers' compensation program to include disability benefits for pregnancy loss. It directly affects employees covered by workers' compensation who experience pregnancy loss, ensuring they qualify for financial support during recovery. The key provision amends the definition of "disability" to explicitly include pregnancy loss and sets a specific benefit rate: 67% of the employee's average weekly wage, capped at 67% of the state average weekly wage. This change applies to all new or renewed policies issued after the effective date, providing concrete financial protection without altering other disability benefit calculations.
This bill amends New York's workers' compensation law to provide paid family leave for employees recovering after specific pregnancy outcomes, including stillbirth, miscarriage, or abortion. It expands existing leave provisions by adding these scenarios as eligible reasons for taking leave under the "family leave" definition. The policy change directly affects workers who experience these events, allowing them to take paid time off from work for recovery without losing income, as defined under the amended law. The bill becomes effective 90 days after enactment.
