Stressed out? Come to New York and get Workers Compensation!

Big change in New York regarding psych claims, effective January 1, 2025.

A WORKER  files  a  claim  for  mental  injury  premised upon extraordinary work-related stress incurred AT WORK, the board may not disallow the claim upon a factual  finding that  the  stress  was not greater than that which usually occurs in the normal work environment.

This bill has been pending for a year and half and today just got signed into law by Governor Hochul.  The biggest change is that the law presently does not permit purely psychological stress claims unless the stress was caused by work, and the work stress was greater than that which usually occurs in the normal work environment.

https://www.governor.ny.gov/news/governor-hochul-signs-new-law-support-workers-facing-job-related-post-traumatic-stress

The link to the law is: https://www.nysenate.gov/legislation/bills/2023/S6635

There will certainly be challenges on what constitutes “extraordinary work-related stress.”   Further guidance from the Board as to the definition and what evidence will have to be produced, objective facts or subjective feelings of the claimants, will be needed.