NY
New York Assembly Bill A08482

New York 2025-2026 Regular Session

New York Assembly Bill A08482

Introduced
5/16/25  
Refer
5/16/25  
Report Pass
5/20/25  
Refer
5/20/25  
Report Pass
5/21/25  
Engrossed
5/27/25  

Caption

Prohibits insurance carriers and employers from withholding certain benefits from injured workers based on a claim that such workers have voluntarily withdrawn from the labor market by not seeking alternate employment that their injury or illness does not preclude them from performing.

Impact

The implications of this bill are considerable, especially for injured workers who find themselves navigating the complexities of workers' compensation claims. By eliminating the requirement of demonstrating ongoing attachment to the labor market, the bill seeks to enhance the rights of injured workers and underscore the importance of their recovery process. This could lead to increased coverage and assistance for those who might otherwise be penalized for their inability or unwillingness to seek alternative employment due to their injury.

Summary

Bill A08482 aims to amend the workers' compensation law in New York by prohibiting employers and insurance carriers from denying benefits to injured workers solely based on the argument that these workers have voluntarily withdrawn from the labor market. It introduces a new provision stating that benefits or compensation due under the law shall not be withheld, diminished, or conditioned upon an injured worker's demonstration of attachment to the labor market. This change is significant in ensuring that injured workers receive the support they need without the added pressure of needing to show active job seeking during their recovery periods.

Contention

However, the proposed legislation is not without its detractors. Employers and insurance carriers may argue that such a measure could result in increased costs for businesses due to a potential rise in claims and extended benefits for workers who are not actively seeking employment. This has led to a divide in viewpoints, where advocates for workers' rights see this as a necessary reform, while opponents warn of the financial implications for the workers' compensation system and the potential for increased fraud. The discussions around the bill highlight the ongoing tension between protecting workers' rights and ensuring the financial sustainability of compensation programs.

Companion Bills

NY A06647

Same As Prohibits insurance carriers and employers from withholding certain benefits from injured workers based on a claim that such workers have voluntarily withdrawn from the labor market by not seeking alternate employment that their injury or illness does not preclude them from performing.

NY S06376

Same As Prohibits insurance carriers and employers from withholding certain benefits from injured workers based on a claim that such workers have voluntarily withdrawn from the labor market by not seeking alternate employment that their injury or illness does not preclude them from performing.

Previously Filed As

NY S05575

Relates to the presumption that an injured worker who has not refused an offer of reemployment from his or her employer has not voluntarily withdrawn from the labor market for compensation purposes.

NY S07799

Simplifies the procedure by which injured workers obtain treatment for injuries covered by the workers' compensation law; provides that the list of pre-authorized procedures is to be used only as a list of treatment that does not require insurance carrier approval.

NY A10250

Simplifies the procedure by which injured workers obtain treatment for injuries covered by the workers' compensation law; provides that the list of pre-authorized procedures is to be used only as a list of treatment that does not require insurance carrier approval.

NY S07097

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.

NY A03531

Prohibits workers compensation carriers from forcing policyholders to cover individuals who are not their employees.

NY S07803

Clarifies that workers who are temporarily partially disabled are entitled to payment of benefits at a reduced rate unless their separation from employment is unrelated to the compensable injury.

NY A00546

Prohibits insurers from limiting payment on claims for damage to motor vehicles based on pricing caps for labor, parts, paint or repair materials; prohibits insurers from recommending a particular repair facility.

NY A05998

Prohibits insurers from cancelling life insurance policies based on a medical condition that was disclosed in the application for insurance.

NY A02095

Requires a liability insurer that has an opportunity to settle a claim at or within the policy limits, and refuses to do so, to be liable for any verdict in excess of the insurance policy limits; prohibits the insurer from recovering such excess judgment from the insured.

NY A01189

Allows a claimant who voluntarily separates from employment during the COVID-19 emergency to receive unemployment benefits.

Similar Bills

No similar bills found.