Authorizes certain injured employees or their legal representative to claim workers' compensation or to maintain an action in the courts for damages on account of such injury when the commissioner of labor fails to act within a certain time frame for certain violations.
Impact
The proposed changes to the workers' compensation framework under S08441 are designed to protect the rights of injured workers more robustly. By enabling legal action in the event of administrative inaction, the bill is anticipated to create a more responsive system for managing claims. This legislative approach could encourage faster processing of complaints and deter public employers from neglecting their responsibilities under labor law, thus potentially ensuring that injured workers receive the necessary support and compensation in a timely manner.
Summary
S08441 is a legislative proposal aimed at amending the workers' compensation law in New York. The bill seeks to provide a protective measure for employees injured at work by allowing them or their legal representatives to either pursue workers' compensation or initiate a court action for damages if there is a delay in response from the commissioner of labor. Specifically, this measure is triggered when the commissioner fails to act on related complaints within a specified timeframe, thus giving employees more options for recourse in cases of delays related to their claims.
Contention
Despite its intentions, S08441 could stir debate among stakeholders within the labor and employment sectors. Critics may argue that expanding legal actions against public employers could result in increased litigation costs and strain on the already burdened workers' compensation system. There are concerns about whether such measures could lead to discouraging public employers from being proactive in resolving issues, ultimately making the environment more contentious. As such, discussions around the bill may highlight the balance between employee protections and the operational realities of managing workers' compensation claims.
Requires employers to provide notice of insurance requirements for injured employees to such employees in their native language; requires employers to provide notice of how to file a claim to injured workers; establishes a penalty for failure to comply with such notice requirements.
Authorizes treatment of workers' compensation injuries by an occupational therapy assistant and a physical therapy assistant; directs certain records to be retained.
Authorizes treatment of workers' compensation injuries by an occupational therapy assistant and a physical therapy assistant; directs certain records to be retained.
Authorizes the commissioner of labor and the workers' compensation board to issue stop-work orders; establishes procedure for the issuance of such orders; establishes penalties for failure to comply with such orders.
Authorizes the commissioner of labor and the workers' compensation board to issue stop-work orders; establishes procedure for the issuance of such orders; establishes penalties for failure to comply with such orders.
Requires a certificate of merit in actions for damages, contribution or indemnity arising out of alleged negligence of a professional licensed pursuant to the education law; establishes a party in an action for medical, dental or podiatric malpractice may not omit the name of certain experts in responding to a request; limits judgments for past and future damages in an action to recover damages for dental, medical or podiatric malpractice; limits compensation for noneconomic damages suffered by an injured plaintiff in any personal injury action to $250,000.
Requires a certificate of merit in actions for damages, contribution or indemnity arising out of alleged negligence of a professional licensed pursuant to the education law; establishes a party in an action for medical, dental or podiatric malpractice may not omit the name of certain experts in responding to a request; limits judgments for past and future damages in an action to recover damages for dental, medical or podiatric malpractice; limits compensation for noneconomic damages suffered by an injured plaintiff in any personal injury action to $250,000.