Concerns certain workers' compensation supplemental benefits and funding method.
Impact
The introduction of this bill is expected to have significant implications for both workers and the state’s workers' compensation system. The provision for a cost of living adjustment (COLA) for eligible workers ensures that benefits keep pace with inflation, thereby providing an additional layer of financial security for workers who have suffered serious injuries. By extending the supplemental benefits framework to include workers injured after 1979, the bill aims to correct disparities that have previously existed, particularly for non-public safety workers.
Summary
Assembly Bill A4559 is aimed at enhancing supplemental benefits available to individuals who are receiving workers' compensation due to workplace injuries or deaths occurring after December 31, 1979. Starting July 1, 2025, those eligible will receive weekly supplemental benefits from the Second Injury Fund, particularly if their awarded weekly benefits fall below the total benefits that should be payable. The bill specifies conditions under which these supplements can be made and sets forth mechanisms to ensure equitable funding and administration of these benefits.
Contention
However, the funding method originating from the General Fund has raised questions regarding long-term sustainability. Critics may voice concerns about how this could impact other budgetary allocations and the fiscal health of the state. The bill also maintains certain offsets regarding Social Security benefits, which may be a point of contention for some stakeholders who argue that these conditions could minimize the intended financial safety net for injured workers.
Implementation
To mitigate the immediate fiscal impact on the workers' compensation system, A4559 proposes a phased approach in which the actual amount of supplemental benefits will incrementally increase to 100% by the third year of implementation. Additionally, insurance carriers and self-insured employers will be required to adhere to notification timelines regarding supplemental benefits, which aims to streamline the process and enhance accountability.
Limits certain payments for unused sick leave earned after effective date by public officers or employees; limits vacation leave carry-forward and requires suspension and forfeiture of certain supplemental compensation.
Limits certain payments for unused sick leave earned after effective date by public officers or employees; limits vacation leave carry-forward and requires suspension and forfeiture of certain supplemental compensation.