NY State Senate Bill S8271A

Archive: Last Bill Status - Vetoed by Governor

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

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 30, 2022	vetoed memo.194
Dec 19, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.687 substituted for a7178a
Jun 01, 2022	referred to ways and means delivered to assembly passed senate
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1288
May 05, 2022	print number 8271a
May 05, 2022	amend and recommit to labor
Feb 08, 2022	referred to labor

Votes

view votes

Jun 1, 2022 - floor Vote

S8271A

floor

Aye

Nay

Absent

Excused

Abstained

May 10, 2022 - Labor committee Vote

S8271A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S8271 - Details

See Assembly Version of this Bill:: A7178
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §15, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8563, A11034
2019-2020: S2881, A1324
2023-2024: S1161, A2034

S8271 - Summary

Relates to schedule in case of disability; provides the compensation shall not be less than one-fifth of the New York state average weekly wage unless the employee's weekly wage is equal to or less than one-fifth the weekly wage, then they shall receive the entire amount.

S8271 - Sponsor Memo

 
BILL NUMBER: S8271

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to schedule
in case of disability

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to increase the minimum weekly compensation
for claimants that receive workers' compensation benefits.

 
SUMMARY OF PROVISIONS:

Section one of the bill would amend the Workers' Compensation Law to
provide that benefits for permanent or temporary partial disability, or
permanent or temporary total disability, shall not be less than one-
fifth of the statewide average weekly wage (SAWW). If the injured worker
receives a wage that is equal to or less than one-fifth of the SAWW,
then their benefit would be be their actual earnings.

Section two of the bill would establish the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION:

Under current law, maximum weekly benefits for workers' compensation are
set to increase on an annual basis; however, the minimum weekly benefit
has only increased on a piecemeal basis over the past several years and
is currently set at $150. This legislation would provide an increase for
the minimum weekly benefit under current law and ensure that such bene-
fits keep pace with inflation by indexing the minimum compensation
amount to the statewide average weekly wage calculation provided by the
Department of Labor. This legislation would provide equity and fairness
to low-wage workers injured on the job and ensure that future benefits
are adjusted automatically with inflation.

 
PRIOR LEGISLATIVE HISTORY:

2020: A.1324 (Crespo) - Referred to Labor

2019: A.1324 (Crespo) - Referred to Labor

2018: A.11034 Rules (Titus) - Reported to Ways and Means

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State.

 
EFFECTIVE DATE:
This bill would take effect immediately.

S8271 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8271
 
                             I N  S E N A T E
 
                             February 8, 2022
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  schedule
   in case of disability
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (a) of subdivision 6 of section 15 of  the  work-
 ers'  compensation  law, as amended by section 7-a of part GG of chapter
 57 of the laws of 2013, is amended to read as follows:
   (a) Compensation for permanent or temporary total disability due to an
 accident or disablement resulting  from  an  occupational  disease  that
 occurs,  (1)  on or after January first, nineteen hundred seventy-eight,
 shall not exceed one hundred twenty-five dollars per week,  that  occurs
 (2)  on  or  after July first, nineteen hundred seventy-eight, shall not
 exceed one hundred eighty dollars per week, that occurs (3) on or  after
 January  first,  nineteen  hundred  seventy-nine,  shall  not exceed two
 hundred fifteen dollars per week, that  occurs  (4)  on  or  after  July
 first,  nineteen  hundred  eighty-three,  shall  not  exceed two hundred
 fifty-five dollars per week, that occurs (5) on  or  after  July  first,
 nineteen  hundred eighty-four, shall not exceed two hundred seventy-five
 dollars per week, that occurs (6)  on  or  after  July  first,  nineteen
 hundred  eighty-five,  shall  not exceed three hundred dollars per week,
 that occurs (7) on or after July first, nineteen hundred  ninety,  shall
 not  exceed  three  hundred  forty  dollars per week; and in the case of
 temporary total disability shall not be less  than  thirty  dollars  per
 week  and  in  the  case of permanent total disability shall not be less
 than twenty dollars per week except that if the employee's wages at  the
 time  of  injury are less than thirty or twenty dollars per week respec-
 tively, he or she shall receive his or her full weekly wages.    Compen-
 sation  for permanent or temporary partial disability due to an accident
 or disablement resulting from an occupational disease that occurs (1) on
 or after January first, nineteen hundred seventy-eight, shall not exceed
 one hundred five dollars per week, that occurs  (2)  on  or  after  July
 first, nineteen hundred eighty-three, shall not exceed one hundred twen-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05324-01-1
 S. 8271                             2
 
 ty-five  dollars per week, that occurs (3) on or after July first, nine-
 teen hundred eighty-four,  shall  not  exceed  one  hundred  thirty-five
 dollars  per  week,  that  occurs  (4)  on or after July first, nineteen
 hundred  eighty-five,  shall  not  exceed  one hundred fifty dollars per
 week, that occurs (5) on or after July first, nineteen  hundred  ninety,
 shall  not  exceed two hundred eighty dollars per week; nor be less than
 twenty dollars per week; except that if the employee's wages at the time
 of injury are less than twenty dollars per week, he or she shall receive
 his or her full weekly  wages.  In  no  event  shall  compensation  when
 combined  with  decreased earnings or earning capacity exceed the amount
 of wages which the  employee  was  receiving  at  the  time  the  injury
 occurred. Compensation for permanent or temporary partial disability, or
 for  permanent or temporary total disability due to an accident or disa-
 blement resulting from an occupational disease that  occurs  (1)  on  or
 after  July  first, nineteen hundred ninety-one and prior to July first,
 nineteen hundred  ninety-two,  shall  not  exceed  three  hundred  fifty
 dollars  per  week; (2) on or after July first, nineteen hundred ninety-
 two, shall not exceed four hundred dollars per week; nor  be  less  than
 forty  dollars  per week except that if the employee's wages at the time
 of injury are less than forty  dollars  per  week,  the  employee  shall
 receive  his  or her full wages. Compensation for permanent or temporary
 partial disability, or for permanent or temporary total  disability  due
 to  an  accident  or  disablement resulting from an occupational disease
 that occurs (1) on or after July first, two  thousand  seven  shall  not
 exceed  five  hundred  dollars per week, (2) on or after July first, two
 thousand eight shall not exceed five hundred fifty dollars per week, (3)
 on or after July first, two thousand nine shall not exceed  six  hundred
 dollars  per week, and (4) on or after July first, two thousand ten, and
 on or after July first of each succeeding year, shall  not  exceed  two-
 thirds  of  the New York state average weekly wage for the year in which
 it is reported. Compensation for permanent or temporary partial disabil-
 ity, or for permanent or temporary total disability due to  an  accident
 or  disablement resulting from an occupational disease that occurs on or
 after July first, two thousand seven shall not be less than one  hundred
 dollars  per  week  except  that  if the employee's wages at the time of
 injury are less than one hundred dollars per week,  the  employee  shall
 receive  his or her full wages.  Compensation for permanent or temporary
 partial disability, or for permanent or temporary total  disability  due
 to  an  accident  or  disablement resulting from an occupational disease
 that occurs on or after May first, two thousand thirteen  shall  not  be
 less  than one hundred fifty dollars per week except that if the employ-
 ee's wages at the time of injury are less than one hundred fifty dollars
 per week, the employee shall receive his or her full wages. COMPENSATION
 FOR PERMANENT OR TEMPORARY  PARTIAL  DISABILITY,  OR  FOR  PERMANENT  OR
 TEMPORARY  TOTAL  DISABILITY DUE TO AN ACCIDENT OR DISABLEMENT RESULTING
 FROM AN OCCUPATIONAL DISEASE THAT OCCURS ON OR AFTER THE EFFECTIVE  DATE
 OF  THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS
 PARAGRAPH SHALL NOT BE LESS THAN ONE-FIFTH OF THE NEW YORK STATE AVERAGE
 WEEKLY WAGE EXCEPT THAT IF THE EMPLOYEE'S WEEKLY WAGES ARE EQUAL  TO  OR
 LESS  THAN  ONE-FIFTH  OF  THE  NEW  YORK STATE AVERAGE WEEKLY WAGE, THE
 EMPLOYEE SHALL RECEIVE HIS OR HER FULL WAGES. In no event shall  compen-
 sation  when combined with decreased earnings or earning capacity exceed
 the amount of wages the employee was receiving at the  time  the  injury
 occurred. Compensation for permanent or temporary partial disability, or
 for  permanent or temporary total disability due to an accident or disa-
 blement resulting from an occupational disease or injury  that  occurred
 S. 8271                             3
 
 as  a  result  of World Trade Center rescue activity by an employee of a
 private voluntary hospital,  who  passed  a  physical  examination  upon
 employment as a rescue worker that failed to reveal evidence of a condi-
 tion that was the proximate cause of disablement or occupational disease
 or  injury,  shall  not  exceed  three-quarters  of a claimant's wage on
 September eleventh, two thousand one. In  no  event  shall  compensation
 when  combined  with  decreased  earnings or earning capacity exceed the
 amount of wages the employee was receiving on  September  eleventh,  two
 thousand one.
   § 2. This act shall take effect immediately.

Co-Sponsors

S8271A (ACTIVE) - Details

See Assembly Version of this Bill:: A7178
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §15, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8563, A11034
2019-2020: S2881, A1324
2023-2024: S1161, A2034

S8271A (ACTIVE) - Summary

S8271A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8271A

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to schedule
in case of disability

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to increase the minimum weekly compensation
for claimants that receive workers' compensation benefits.

 
SUMMARY OF PROVISIONS:

Section one of the bill would amend the Workers' Compensation Law to
provide that benefits for permanent or temporary partial disability, or
permanent or temporary total disability, shall not be less than one-
fifth of the statewide average weekly wage (SAWW). If the injured worker
receives a wage that is equal to or less than one-fifth of the SAWW,
then their benefit would be be their actual earnings.

Section two of the bill would establish the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION:

Under current law, maximum weekly benefits for workers' compensation are
set to increase on an annual basis; however, the minimum weekly benefit
has only increased on a piecemeal basis over the past several years and
is currently set at $150. This legislation would provide an increase for
the minimum weekly benefit under current law and ensure that such bene-
fits keep pace with inflation by indexing the minimum compensation
amount to the statewide average weekly wage calculation provided by the
Department of Labor. This legislation would provide equity and fairness
to low-wage workers injured on the job and ensure that future benefits
are adjusted automatically with inflation.

 
PRIOR LEGISLATIVE HISTORY:

2020: A.1324 (Crespo) - Referred to Labor

2019: A.1324 (Crespo) - Referred to. Labor

2018: A.11034 Rules (Titus) - Reported to Ways and Means

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State.

 
EFFECTIVE DATE:
This bill would take effect immediately.

S8271A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8271--A
 
                             I N  S E N A T E
 
                             February 8, 2022
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the workers' compensation law, in relation to schedule
   in case of disability

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (a) of subdivision 6 of section 15 of the work-
 ers' compensation law, as amended by section 7-a of part GG  of  chapter
 57 of the laws of 2013, is amended to read as follows:
   (a) Compensation for permanent or temporary total disability due to an
 accident  or  disablement  resulting  from  an occupational disease that
 occurs, (1) on or after January first, nineteen  hundred  seventy-eight,
 shall  not  exceed one hundred twenty-five dollars per week, that occurs
 (2) on or after July first, nineteen hundred  seventy-eight,  shall  not
 exceed  one hundred eighty dollars per week, that occurs (3) on or after
 January first, nineteen  hundred  seventy-nine,  shall  not  exceed  two
 hundred  fifteen  dollars  per  week,  that  occurs (4) on or after July
 first, nineteen hundred  eighty-three,  shall  not  exceed  two  hundred
 fifty-five  dollars  per  week,  that occurs (5) on or after July first,
 nineteen hundred eighty-four, shall not exceed two hundred  seventy-five
 dollars  per  week,  that  occurs  (6)  on or after July first, nineteen
 hundred eighty-five, shall not exceed three hundred  dollars  per  week,
 that  occurs  (7) on or after July first, nineteen hundred ninety, shall
 not exceed three hundred forty dollars per week;  and  in  the  case  of
 temporary  total  disability  shall  not be less than thirty dollars per
 week and in the case of permanent total disability  shall  not  be  less
 than  twenty dollars per week except that if the employee's wages at the
 time of injury are less than thirty or twenty dollars per  week  respec-
 tively,  he  or she shall receive his or her full weekly wages.  Compen-
 sation for permanent or temporary partial disability due to an  accident
 or disablement resulting from an occupational disease that occurs (1) on
 or after January first, nineteen hundred seventy-eight, shall not exceed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05324-03-2
 S. 8271--A                          2
 
 one  hundred  five  dollars  per  week, that occurs (2) on or after July
 first, nineteen hundred eighty-three, shall not exceed one hundred twen-
 ty-five dollars per week, that occurs (3) on or after July first,  nine-
 teen  hundred  eighty-four,  shall  not  exceed  one hundred thirty-five
 dollars per week, that occurs (4)  on  or  after  July  first,  nineteen
 hundred  eighty-five,  shall  not  exceed  one hundred fifty dollars per
 week, that occurs (5) on or after July first, nineteen  hundred  ninety,
 shall  not  exceed two hundred eighty dollars per week; nor be less than
 twenty dollars per week; except that if the employee's wages at the time
 of injury are less than twenty dollars per week, he or she shall receive
 his or her full weekly  wages.  In  no  event  shall  compensation  when
 combined  with  decreased earnings or earning capacity exceed the amount
 of wages which the  employee  was  receiving  at  the  time  the  injury
 occurred. Compensation for permanent or temporary partial disability, or
 for  permanent or temporary total disability due to an accident or disa-
 blement resulting from an occupational disease that  occurs  (1)  on  or
 after  July  first, nineteen hundred ninety-one and prior to July first,
 nineteen hundred  ninety-two,  shall  not  exceed  three  hundred  fifty
 dollars  per  week; (2) on or after July first, nineteen hundred ninety-
 two, shall not exceed four hundred dollars per week; nor  be  less  than
 forty  dollars  per week except that if the employee's wages at the time
 of injury are less than forty  dollars  per  week,  the  employee  shall
 receive  his  or her full wages. Compensation for permanent or temporary
 partial disability, or for permanent or temporary total  disability  due
 to  an  accident  or  disablement resulting from an occupational disease
 that occurs (1) on or after July first, two  thousand  seven  shall  not
 exceed  five  hundred  dollars per week, (2) on or after July first, two
 thousand eight shall not exceed five hundred fifty dollars per week, (3)
 on or after July first, two thousand nine shall not exceed  six  hundred
 dollars  per week, and (4) on or after July first, two thousand ten, and
 on or after July first of each succeeding year, shall  not  exceed  two-
 thirds  of  the New York state average weekly wage for the year in which
 it is reported. Compensation for permanent or temporary partial disabil-
 ity, or for permanent or temporary total disability due to  an  accident
 or  disablement resulting from an occupational disease that occurs on or
 after July first, two thousand seven shall not be less than one  hundred
 dollars  per  week  except  that  if the employee's wages at the time of
 injury are less than one hundred dollars per week,  the  employee  shall
 receive  his or her full wages.  Compensation for permanent or temporary
 partial disability, or for permanent or temporary total  disability  due
 to  an  accident  or  disablement resulting from an occupational disease
 that occurs on or after May first, two thousand thirteen  shall  not  be
 less  than one hundred fifty dollars per week except that if the employ-
 ee's wages at the time of injury are less than one hundred fifty dollars
 per week, the employee shall receive his or her full wages. COMPENSATION
 FOR PERMANENT OR TEMPORARY  PARTIAL  DISABILITY,  OR  FOR  PERMANENT  OR
 TEMPORARY  TOTAL  DISABILITY DUE TO AN ACCIDENT OR DISABLEMENT RESULTING
 FROM AN OCCUPATIONAL DISEASE THAT OCCURS ON OR AFTER THE EFFECTIVE  DATE
 OF  THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS
 PARAGRAPH SHALL NOT BE LESS THAN ONE-FIFTH OF THE NEW YORK STATE AVERAGE
 WEEKLY WAGE EXCEPT THAT IF THE EMPLOYEE'S WEEKLY WAGES ARE EQUAL  TO  OR
 LESS  THAN  ONE-FIFTH  OF  THE  NEW  YORK STATE AVERAGE WEEKLY WAGE, THE
 EMPLOYEE SHALL RECEIVE HIS OR HER FULL WAGES. In no event shall  compen-
 sation  when combined with decreased earnings or earning capacity exceed
 the amount of wages the employee was receiving at the  time  the  injury
 occurred. Compensation for permanent or temporary partial disability, or
 S. 8271--A                          3
 
 for  permanent or temporary total disability due to an accident or disa-
 blement resulting from an occupational disease or injury  that  occurred
 as  a  result  of World Trade Center rescue activity by an employee of a
 private  voluntary  hospital,  who  passed  a  physical examination upon
 employment as a rescue worker that failed to reveal evidence of a condi-
 tion that was the proximate cause of disablement or occupational disease
 or injury, shall not exceed  three-quarters  of  a  claimant's  wage  on
 September  eleventh,  two  thousand  one. In no event shall compensation
 when combined with decreased earnings or  earning  capacity  exceed  the
 amount  of  wages  the employee was receiving on September eleventh, two
 thousand one.
   § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S8271A

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

May 10, 2022 - Labor committee Vote

Labor Committee Vote: May 10, 2022

Bill Amendments

S8271 - Details

S8271 - Summary

S8271 - Sponsor Memo

S8271 - Bill Text download pdf

Co-Sponsors

S8271A (ACTIVE) - Details

S8271A (ACTIVE) - Summary

S8271A (ACTIVE) - Sponsor Memo

S8271A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8271A

Share this bill

Sponsored By

James Sanders Jr.

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

May 10, 2022 - Labor committee Vote

Labor Committee Vote: May 10, 2022

Bill Amendments

S8271 - Details

S8271 - Summary

S8271 - Sponsor Memo

S8271 - Bill Text download pdf

Co-Sponsors

Rachel May

S8271A (ACTIVE) - Details

S8271A (ACTIVE) - Summary

S8271A (ACTIVE) - Sponsor Memo

S8271A (ACTIVE) - Bill Text download pdf

Comments