NY State Senate Bill 2019-S8266

Archive: Last Bill Status - In Senate Committee Labor Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

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

co-Sponsors

View additional co-sponsors

2019-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

2019-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.

2019-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.

2019-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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S8266

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

2019-S8266 (ACTIVE) - Details

2019-S8266 (ACTIVE) - Summary

2019-S8266 (ACTIVE) - Sponsor Memo

2019-S8266 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8266

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

2019-S8266 (ACTIVE) - Details

2019-S8266 (ACTIVE) - Summary

2019-S8266 (ACTIVE) - Sponsor Memo

2019-S8266 (ACTIVE) - Bill Text download pdf

Comments