|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to labor|
|Jan 06, 2011||referred to labor|
senate Bill S1227
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1227 - Details
S1227 - Summary
Enacts the "protection in the workplace act"; provides that injuries to employees as a result of the commission of a sexual offense shall entitle such employee to all rights and benefits available pursuant to the workers' compensation law and, in addition, shall permit such employee to pursue any other remedies available at law or in equity; clarifies that workers' compensation should be exclusive remedy except when the employee suffers personal injury as a result of a sexual offense committed by a co-worker.
S1227 - Sponsor Memo
BILL NUMBER:S1227 TITLE OF BILL: An act to amend the workers' compensation law, in relation to enacting the "protection in the workplace act" PURPOSE OR GENERAL IDEA OF BILL: To clarify that the workers' compensation law was never intended to bar employees suffering a personal injury as a result of a sexual assault in the workplace from pursuing legal action seeking damages from their employer. SUMMARY OF SPECIFIC PROVISIONS: §1 of the bill provides that this act shall be known as the Protection in the Workplace Act. §2 of the bill specifies a legislative intent that workers' compensation was not intended to bar civil actions by employees suffering personal injury as a result of a sexual assault by negligent acts or omissions of their employer. §3 of the bill provides that an employee suffering personal injury as a consequence of a sexual offense due to the negligent acts or omissions of an employer shall be entitled to all rights and benefits of the Workers' Compensation law, and in addition may pursue any remedy available for damages.
S1227 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1227 2011-2012 Regular Sessions I N S E N A T E January 6, 2011 ___________ Introduced by Sen. DUANE -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to enacting the "protection in the workplace act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "protection in the workplace act". S 2. Legislative intent. It is the finding of this legislature that violence in the workplace has become an increasingly serious occupa- tional hazard, which all too many employees and employers must confront. While it is the intent of the workers' compensation system to provide medical aid and monetary compensation to injured workers or their survi- vors in return for the surrender of their right to petition the courts, it is the finding of this body that rape, sexual assault or other sex crimes should not be classified as a condition of employment at the expense of the workers' compensation system's ameliorative goals and that such system is not and should not be used as a shield to permit employers whose negligent acts or omissions cause injury or harm to fellow employees without such injured employees having every opportunity for full and adequate redress. For purposes of determining benefits pursuant to the workers' compensation law, sexual assault is not, and shall not be considered a condition of employment. It is therefore the intent of this legislation to ensure that workers suffering sexual assault in the workplace due to the derelict or negli- gent practices of their employer, receive appropriate medical care and benefits but also have every opportunity to recover all damages commen- surate with their injury. S 3. The workers' compensation law is amended by adding a new section 10-a to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00660-01-1
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