NY State Senate Bill S8266

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2020	referred to labor

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S8266 (ACTIVE) - Details

See Assembly Version of this Bill:: A10401
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §3, Work Comp L
Versions Introduced in 2021-2022 Legislative Session:: S1241, A6117

S8266 (ACTIVE) - Summary

Includes exposure to novel coronavirus, COVID-19, as an occupational disease for which compensation shall be payable for disabilities sustained or death incurred by an employee.

S8266 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8266

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to including
exposure to novel coronavirus, COVID-19 as an occupational disease

 
SUMMARY OF PROVISIONS:

Section 1: Section 1. Paragraph 30 of subdivision 2 of section 3 of the
workers' compensation law is renumbered paragraph 31 and a new paragraph
30 is added to read as follows: novel coronavirus, COVID-19 exposure.

Any and all work that causes workers to be in contact with the public,
patients, inmates, parolees, clients, students, customers, diners,
persons in the custody of the state or any of its political subdivi-
sions, or travelers during an outbreak of the novel coronavirus, COVID-
19; or any and all work that could expose workers to novel coronavirus,
COVID-19, which shall include but not be limited to, work in a hospital,
medical facility, laboratory, nursing home, correctional facility,
mental health facility, social services facility, airport, bus station,

train station, subway station, park, restaurant, cafeteria, retail
facility, airplane, bus, train, subway, university, college, school,
daycare facility, childcare facility, hotel, resort, casino, convention
center, meeting facility, or work for a public utility, work for any
businesses deemed to provide essential services during an outbreak of
the novel coronavirus, COVID-19, any work outside the home during a
period of closure of non-essential businesses, or public employment
during an outbreak of the novel coronavirus, COVID-19.

Section 2. The closing paragraph of subdivision 2 of section 3 of the
workers' compensation law, as amended by chapter 666 of the laws of
1971, is amended to read as follows:  Nothing in paragraph  
THIRTY
thirty-one of this subdivision shall be construed to apply to any disa-
bility or death due to any disease described in paragraph twenty-nine of
this subdivision.

Section 3. This act shall take effect immediately. JUSTIFICATION:  Work-
ers who are exposed to COVID-19 at work are entitled to workers' compen-
sation in New York State. There is no denying that healthcare workers,
transportation workers, delivery workers, pharmacy workers, grocery
workers, broadcasting workers, essential construction workers, public
employees, educational workers, cleaners, building service workers,
workers who deal with the public, and all workers not able to work from
home during this crisis are at exponentially greater risk of being
exposed to and contracting COVID-19 because of their work. However,
current law may allow insurance companies to do just that - deny work-
ers' compensation coverage for those workers and their survivors.

This bill does not create new benefits or enhance existing benefits.  It
simply prevents insurance companies from denying otherwise valid claims.
The simplest way to remedy this inequity is for the New York State Work-
ers' Compensation Board to exercise its discretion to acknowledge that
because impacted workers are at significantly greater risk of exposure,
COVID-19 is an occupational disease for them. Absent that exercise of
discretion, this legislation is necessary to ensure that insurance
companies honor their obligations and pay for the losses that they have
forecast, planned and charged employers for.
 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8266 (ACTIVE) - Bill Text download pdf


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

                                  8266

                            I N  S E N A T E

                               May 1, 2020
                               ___________

Introduced  by Sens. RAMOS, GOUNARDES -- 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  including
  exposure to novel coronavirus, COVID-19 as an occupational disease

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 30 of subdivision 2 of section 3 of the  workers'
compensation  law  is  renumbered paragraph 31 and a new paragraph 30 is
added to read as follows:
30. NOVEL CORONAVIRUS,   30. ANY AND ALL WORK THAT CAUSES WORKERS TO
COVID-19 EXPOSURE.       BE IN CONTACT WITH THE PUBLIC, PATIENTS,
                         INMATES, RESIDENTS, PAROLEES,
                         CLIENTS, STUDENTS, CUSTOMERS,
                         DINERS, PERSONS IN THE
                         CUSTODY OF THE STATE OR ANY
                         OF ITS POLITICAL SUBDIVISIONS,
                         OR TRAVELERS DURING AN OUTBREAK OF THE NOVEL
                         CORONAVIRUS, COVID-19; OR ANY
                         AND ALL WORK THAT COULD
                         EXPOSE WORKERS TO NOVEL
                         CORONAVIRUS, COVID-19, WHICH
                         SHALL INCLUDE, BUT NOT BE LIMITED TO,
                         WORK IN A HOSPITAL,
                         MEDICAL FACILITY, LABORATORY,
                         MEDICAL OFFICE, NURSING
                         HOME, CORRECTIONAL FACILITY,
                         MENTAL HEALTH FACILITY, SOCIAL
                         SERVICES FACILITY, AIRPORT,
                         BUS STATION, TRAIN STATION,
                         SUBWAY STATION, PARK, RESTAURANT,
                         CAFETERIA, RETAIL
                         FACILITY, AIRPLANE, BUS, TRAIN,
                         SUBWAY, UNIVERSITY, COLLEGE,
                         SCHOOL, DAYCARE FACILITY,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD16203-01-0

S. 8266                             2

                         CHILDCARE FACILITY, HOTEL, RESORT,
                         CASINO, CONVENTION CENTER,
                         MEETING FACILITY OR WORK FOR A
                         PUBLIC UTILITY, WORK FOR ANY BUSINESSES
                         DEEMED TO PROVIDE ESSENTIAL SERVICES
                         DURING AN OUTBREAK OF THE
                         NOVEL CORONAVIRUS, COVID-19, ANY WORK OUTSIDE
                         THE HOME DURING A PERIOD OF CLOSURE
                         OF NON-ESSENTIAL BUSINESSES, OR PUBLIC
                         EMPLOYMENT DURING AN OUTBREAK OF
                         THE NOVEL CORONAVIRUS, COVID-19.
  §  2. The closing paragraph of subdivision 2 of section 3 of the work-
ers' compensation law, as amended by chapter 666 of the laws of 1971, is
amended to read as follows:
  Nothing in paragraph [thirty] THIRTY-ONE of this subdivision shall  be
construed  to  apply  to  any  disability  or  death  due to any disease
described in paragraph twenty-nine of this subdivision.
  § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S8266

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Archive: Last Bill Status - In Senate Committee Labor Committee

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Co-Sponsors

S8266 (ACTIVE) - Details

S8266 (ACTIVE) - Summary

S8266 (ACTIVE) - Sponsor Memo

S8266 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8266

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Your Voice

Actions

Co-Sponsors

S8266 (ACTIVE) - Details

S8266 (ACTIVE) - Summary

S8266 (ACTIVE) - Sponsor Memo

S8266 (ACTIVE) - Bill Text download pdf

Comments