Senate Bill S1981

                                
 
BILL NUMBER: S1981

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to liability
for compensation

 
PURPOSE:

To provide for PTSD coverage for State, City and Municipal Corrections
Officer under Workers' Compensation

 
SUMMARY OF PROVISIONS:

Amends paragraph (b) of subdivision 3 of section 10 of the workers'
compensation law, as added by section 1 of subpart I of part NNN of
chapter 59 of the laws of 2017 to add:

correction officers, sergeants, captains, corporals, lieutenants, deputy
wardens or wardens employed by the State, the City of New York or any
              

county or municipality to those who should be covered for work related
mental injury due to work related stress despite any finding that the s
stress was not greater than that which normally occurs in the work envi-
ronment to allow for workers compensation coverage for these injuries.

 
JUSTIFICATION:

In the 2017 budget PTSD coverage was added for certain first responders
who face stress-related injuries but were barred from such coverage due
to court rulings that this was in the normal course of their occupation.

Correction Officers face this same problem. Court cases have interpreted
that mental stress was not out of the ordinary for Correction Officers
therefore making stress-related claims for workers' compensation not
compensable. This must be corrected to provide the officers with appro-
priate health coverage and provide for a secure work environment within
out State, City and County correctional facilities

According to, Correctional Officer Health and Safety Literature Review a
2013 report by the U.S. Department of Justice, Corrections Officers face
many different stressors among them:

* Inmate-related: threat of violence/injury, inmate mental illness,
substance abuse
* Occupational: closed work environment and need for hyper-vigilance
Organizational/administrative: inadequate resources and understaffing
* Psycho-social: fear, work/family conflict, media scrutiny.

Correction Officers must provide care, custody and control over an
often-uncooperative inmate population. Findings of a new IDC report:
Corrections Without Protections: The Increasing Dangers Facing New
York's Boldest Officers. This report focuses on the alarming increase in
assaults by inmates on correction officers, the rise in contraband
entering jails and prisons, and the increase in inmate on inmate
assaults, despite the decline in the inmate population in the state of
New York.


Providing workers' compensation coverage for stress-related injuries
will ensure the safety of our state correctional facilities, but provid-
ing for proper health coverage for those suffering and seeking help for
stress related injuries.

 
LEGISLATIVE HISTORY:

2017 Session - S.5943 (Alcantara) - referred to Labor and reported to
Rules
2018 Session - S.5954 (Alcantara) - referred to Labor

 
FISCAL IMPACT:

None to State or Local Governments.

 
EFFECTIVE DATE:
The act shall take effect immediately.