assembly Bill A1146

2021-2022 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 07, 2021 referred to labor

Co-Sponsors

A1146 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Rpld §12, §25 sub 2-b, amd Work Comp L, generally
Versions Introduced in 2019-2020 Legislative Session:
A7045

A1146 (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.

A1146 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1146
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of  A. BRONSON, HEVESI, STECK, SIMON, JOYNER -- read
   once and referred to the Committee 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.