Senate Bill S8441

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8441
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 12, 2025
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the workers' compensation law, in relation to protecting
   the right of action for workers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1 of section 11 of the workers' compensation
 law, as amended by chapter 835 of the laws of 2022, is amended  to  read
 as follows:
   1.  The  liability  of  an  employer  prescribed by the last preceding
 section shall be exclusive and in place of any other liability whatsoev-
 er, to such employee, [his or her] SUCH  EMPLOYEE'S  personal  represen-
 tatives, spouse, parents, dependents, distributees, or any person other-
 wise  entitled  to recover damages, contribution or indemnity, at common
 law or otherwise, on account of such injury or death or liability  aris-
 ing therefrom, except that if an employer fails to secure the payment of
 compensation  for  [his  or  her]  SUCH EMPLOYER'S injured employees and
 their dependents as provided  in  section  fifty  of  this  chapter,  an
 injured  employee,  or [his or her] SUCH EMPLOYEE'S legal representative
 in case of death results from the injury, may,  at  [his  or  her]  SUCH
 EMPLOYEE'S option, elect to claim compensation under this chapter, or to
 maintain  an action in the courts for damages on account of such injury;
 PROVIDED, FURTHER, THAT IF AN INJURY OR DEATH OR LIABILITY ARISES  AFTER
 THE  COMMISSIONER  OF LABOR FAILS TO ACT WITHIN ONE HUNDRED TWENTY  DAYS
 ON A COMPLAINT FILED PURSUANT TO SUBDIVISION FIVE OF SECTION TWENTY-SEV-
 EN-A OF THE LABOR LAW OR PARAGRAPH B OF SUBDIVISION SIX OF SECTION TWEN-
 TY-SEVEN-B OF THE LABOR LAW AGAINST A  PUBLIC  EMPLOYER  AS  DEFINED  BY
 SUBPARAGRAPH  (I)  OF  PARAGRAPH  (A)  OF SUBDIVISION SIX OF SECTION TWO
 HUNDRED ONE OF THE CIVIL SERVICE  LAW,  AN  INJURED  EMPLOYEE,  OR  SUCH
 EMPLOYEE'S  LEGAL  REPRESENTATIVE  IN  CASE  OF DEATH RESULTING FROM THE
 INJURY, MAY, AT SUCH EMPLOYEE'S OPTION, ELECT  TO  CLAIM    COMPENSATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13378-01-5
              

 S. 8441                             2
 
 UNDER  THIS  CHAPTER, OR TO MAINTAIN AN ACTION IN THE COURTS FOR DAMAGES
 ON ACCOUNT OF SUCH INJURY; AND, PROVIDED, FURTHER, THAT IF AN INJURY  OR
 DEATH  OR  LIABILITY ARISES AFTER THE COMMISSIONER OF LABOR FAILS TO ACT
 WITHIN  NINETY  DAYS ON A COMPLAINT FILED PURSUANT TO SUBDIVISION FIVE-A
 OF SECTION TWENTY-SEVEN-A OF THE LABOR LAW OR PARAGRAPH H OF SUBDIVISION
 SIX OF SECTION TWENTY-SEVEN-B OF THE LABOR LAW AGAINST A PUBLIC EMPLOYER
 AS DEFINED BY SUBPARAGRAPH (I) OF PARAGRAPH (A) OF  SUBDIVISION  SIX  OF
 SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW, AN  INJURED  EMPLOYEE,
 OR  SUCH EMPLOYEE'S LEGAL REPRESENTATIVE IN CASE OF DEATH RESULTING FROM
 THE INJURY, MAY, AT SUCH EMPLOYEE'S OPTION, ELECT TO CLAIM  COMPENSATION
 UNDER  THIS  CHAPTER, OR TO MAINTAIN AN ACTION IN THE COURTS FOR DAMAGES
 ON ACCOUNT OF SUCH INJURY; PROVIDED, FURTHER, THAT IF AN INJURY OR DEATH
 OR LIABILITY ARISES AFTER AN EMPLOYER AS DEFINED BY SUBPARAGRAPH (I)  OF
 PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION TWO HUNDRED ONE OF THE CIVIL
 SERVICE  LAW  FAILS  TO  REMEDIATE THE VIOLATIONS IDENTIFIED PURSUANT TO
 SUBDIVISION SIX OF SECTION TWENTY-SEVEN-A OF THE LABOR LAW WITHIN  SIXTY
 DAYS,  AN  INJURED EMPLOYEE, OR  SUCH EMPLOYEE'S LEGAL REPRESENTATIVE IN
 CASE OF DEATH RESULTING FROM THE INJURY, MAY, AT SUCH EMPLOYEE'S 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 contrib-
 utory negligence nor may the defendant plead as a defense that the inju-
 ry was caused by the negligence of a fellow servant nor that the employ-
 ee assumed the risk of [his or her] SUCH EMPLOYEE'S employment, nor that
 the  injury  was due to the contributory negligence of the employee. The
 liability under this chapter of The New York Jockey Injury  Compensation
 Fund,  Inc.  created under section two hundred twenty-one of the racing,
 pari-mutuel wagering and breeding law shall be limited to the  provision
 of  workers' compensation coverage to jockeys, apprentice jockeys, exer-
 cise persons, and at the election of the New York Jockey Injury  Compen-
 sation  Fund,  Inc.,  with  the  approval  of  the New York state gaming
 commission, employees of licensed  trainers  or  owners  licensed  under
 article two or four of the racing, pari-mutuel wagering and breeding law
 and  any  statutory penalties resulting from the failure to provide such
 coverage.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.