senate Bill S1227

2011-2012 Legislative Session

Enacts the protection in the workplace act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to labor
Jan 06, 2011 referred to labor

S1227 - Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Add §10-a, amd §§11 & 29, Work Comp L
Versions Introduced in 2009-2010 Legislative Session:
S1795, A7767

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

S1227 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                       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"


  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.


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