Senate Bill S9813

                                 
BILL NUMBER: S9813

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to workers'
compensation benefits for delivery network company workers

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 3 of section 2 of the work-
er's compensation law to add a new paragraph that defines "delivery
network company" and "delivery network company worker."

Section two of the bill amends subdivision 4 of section 2 of the work-
er's compensation law by adding a new closing paragraph, which includes
a "delivery network company worker" in the definition of "employee" for
the purposes of the workers' compensation law.

 
JUSTIFICATION:

Workers' compensation, as insurance for injury or illness sustained as a
              

direct result of an employee's work duties, is a vital part of our
social safety net. Virtually every employer in New York state must
provide workers' compensation coverage for their employees.

The system protects employees from the financial hardship associated
with job-related injuries and medical conditions by replacing their
wages while they are unable to work, in addition to providing employers
with liability protection from lawsuits alleging negligence in the work-
place.

The classification of app-based delivery drivers as independent contrac-
tors excludes them from these protections.

Data collected by the New York City Department of Consumer and Worker
Protection showed 22% of app-based delivery drivers reporting Injuries
related to their work, and 21% reporting experiencing assault on the
job. The same study found the rate of fatal occupation injury among
these workers (thirty-six fatalities per 100,000 full-time equivalent
workers), to be more than five times the rate of the construction indus-
try, which has historically had the highest fatality rate of any indus-
try in New York City.

This bill would require delivery network companies to compensate their
workers for injuries resulting from the course of their duties and
incentivize them to provide training, safety equipment and safer routes
to their workers.

Zoey Laskaris, Mustafa Hussein, Jim P. Stimpson, Emilia F. Vignola, Zach
Shahn, Nevin Cohen & Sherry Baron, A Price Too High. Injury and Assault
among Delivery Gig Workers in New York City, 101 J, Urb.  Health 439
(2024).

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately.