assembly Bill A7045

2019-2020 Legislative Session

Relates to providing access to the workers' compensation system, timely and meaningful wage replacement benefits, and medical treatment; and to improve efficiency of the system and cost savings; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to labor
Apr 04, 2019 referred to labor

Co-Sponsors

A7045 (ACTIVE) - Details

See Senate Version of this Bill:
S5302
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Rpld §12, §25 sub 2-b, amd Work Comp L, generally

A7045 (ACTIVE) - Summary

Relates to providing access to the workers' compensation system, timely and meaningful wage replacement benefits, and medical treatment; and to improving efficiency of the system and cost savings.

A7045 (ACTIVE) - Bill Text download pdf


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

                                  7045

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2019
                               ___________

Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
  tee on Labor

AN ACT to amend the workers' compensation law, in relation to  providing
  access to the workers' compensation system, timely and meaningful wage
  replacement  benefits, and medical treatment and to improve efficiency
  of the system and cost savings; and to repeal  certain  provisions  of
  the workers' compensation law relating thereto

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

  Section 1. The opening paragraph of section 11 of the workers' compen-
sation law, as amended by section 8 of part SS of chapter 59 of the laws
of 2017, is amended to read as follows:
  The liability of an employer prescribed by the last preceding  section
shall  be  exclusive  and in place of any other liability whatsoever, to
such employee, his or her  personal  representatives,  spouse,  parents,
dependents,  distributees,  or  any person otherwise entitled to recover
damages, contribution or indemnity,  at  common  law  or  otherwise,  on
account  of  such injury or death or liability arising therefrom, except
[that if an] IN THE FOLLOWING EVENTS: (I) THE EMPLOYER'S VIOLATION OF AN
APPLICABLE STATUTE OR REGULATION INVOLVING WORKPLACE SAFETY WAS A PROXI-
MATE CAUSE OF THE EMPLOYEE'S INJURY OR DEATH; (II) THE EMPLOYEE'S  BENE-
FITS  HAVE  BEEN TERMINATED PURSUANT TO PARAGRAPH W OF SUBDIVISION THREE
OF SECTION FIFTEEN OF THIS ARTICLE;  OR  (III)  THE  employer  fails  to
secure  the payment of compensation for his or her injured employees and
their dependents as provided in section fifty of this article.  IN  SUCH
EVENTS,  an injured employee, or his or her legal representative in case
of death results from the injury, may, at his or her  option,  elect  to
claim  compensation  under this chapter, or to maintain an action in the
courts for damages on account of such injury[; and in such an action  it
shall  not  be  necessary  to  plead  or prove freedom from contributory
negligence nor may the defendant plead as a defense that the injury  was

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.