NY State Senate Bill 2021-S1241

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Jan 08, 2021	referred to labor

co-Sponsors

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2021-S1241 (ACTIVE) - Details

See Assembly Version of this Bill:: A6117
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §3, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:: S8266, A10401

2021-S1241 (ACTIVE) - Summary

Includes exposure to novel coronavirus, COVID-19, as an occupational disease for which compensation shall be payable for disabilities sustained or death incurred by an employee.

2021-S1241 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1241

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to including
exposure to novel coronavirus, COVID-19 as an occupational disease

 
SUMMARY OF PROVISIONS:

Section 1: Section 1. Paragraph 30 of subdivision 2 of section 3 of the
workers' compensation law is renumbered paragraph 31 and a new paragraph
30 is added to read as follows: novel coronavirus, COVID-19 exposure.

Any and all work that causes workers to be in contact with the public,
patients, inmates, parolees, clients, students, customers, diners,
persons in the custody of the state or any of its political subdivi-
sions, or travelers during an outbreak of the novel coronavirus,
COVID19; or any and all work that could expose workers to novel corona-
virus, COVID-19, which shall include but not be limited to, work in a
hospital, medical facility, laboratory, nursing home, correctional
facility, mental health facility, social services facility, airport, bus

station, train station, subway station, park, restaurant, cafeteria,
retail facility, airplane, bus, train, subway, university, college,
school, daycare facility, childcare facility, hotel, resort, casino,
convention center, meeting facility, or work for a public utility, work
for any businesses deemed to provide essential services during an
outbreak of the novel coronavirus, COVID-19, any work outside the home
during a period of closure of non-essential businesses, or public
employment during an outbreak of the novel coronavirus, COVID-19.

Section 2. The closing paragraph of subdivision 2 of section 3 of the
workers' compensation law, as amended by chapter 666 of the laws of
1971, is amended to read as follows: Nothing in paragraph thirty-one of
this subdivision shall be construed to apply to any disability or death
due to any disease described in paragraph twenty-nine of this subdivi-
sion.

Section 3. This act shall take effect immediately.

 
JUSTIFICATION:

Workers who are exposed to COVID-19 at work are entitled to workers'
compensation in New York State. There is no denying that healthcare
workers, transportation workers, delivery workers, pharmacy workers,
grocery workers, broadcasting workers, essential construction workers,
public employees, educational workers, cleaners, building service work-
ers, workers who deal with the public, and all workers not able to work
from home during this crisis are at exponentially greater risk of being
exposed to and contracting COVID-19 because of their work. However,
current law may allow insurance companies to do just that - deny work-
ers' compensation coverage for those workers and their survivors.

This bill does not create new benefits or enhance existing benefits. It
simply prevents insurance companies from denying otherwise valid claims.
The simplest way to remedy this inequity is for the New York State Work-
ers' Compensation Board to exercise its discretion to acknowledge that
because impacted workers are at significantly greater risk of exposure,
COVID-19 is an occupational disease for them. Absent that exercise of
discretion, this legislation is necessary to ensure that insurance
companies honor their obligations and pay for the losses that they have
forecast, planned and charged employers for.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1241 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1241
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  including
   exposure to novel coronavirus, COVID-19 as an occupational disease
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 30 of subdivision 2 of section 3 of the  workers'
 compensation  law  is  renumbered paragraph 31 and a new paragraph 30 is
 added to read as follows:
 30. NOVEL CORONAVIRUS,   30. ANY AND ALL WORK THAT CAUSES WORKERS TO
 COVID-19 EXPOSURE.       BE IN CONTACT WITH THE PUBLIC, PATIENTS,
                          INMATES, RESIDENTS, PAROLEES,
                          CLIENTS, STUDENTS, CUSTOMERS,
                          DINERS, PERSONS IN THE
                          CUSTODY OF THE STATE OR ANY
                          OF ITS POLITICAL SUBDIVISIONS,
                          OR TRAVELERS DURING AN OUTBREAK OF THE NOVEL
                          CORONAVIRUS, COVID-19; OR ANY
                          AND ALL WORK THAT COULD
                          EXPOSE WORKERS TO NOVEL
                          CORONAVIRUS, COVID-19, WHICH
                          SHALL INCLUDE, BUT NOT BE LIMITED TO,
                          WORK IN A HOSPITAL,
                          MEDICAL FACILITY, LABORATORY,
                          MEDICAL OFFICE, NURSING
                          HOME, CORRECTIONAL FACILITY,
                          MENTAL HEALTH FACILITY, SOCIAL
                          SERVICES FACILITY, AIRPORT,
                          BUS STATION, TRAIN STATION,
                          SUBWAY STATION, PARK, RESTAURANT,
                          CAFETERIA, RETAIL

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05050-01-1

 S. 1241                             2
 
                          FACILITY, AIRPLANE, BUS, TRAIN,
                          SUBWAY, UNIVERSITY, COLLEGE,
                          SCHOOL, DAYCARE FACILITY,
                          CHILDCARE FACILITY, HOTEL, RESORT,
                          CASINO, CONVENTION CENTER,
                          MEETING FACILITY OR WORK FOR A
                          PUBLIC UTILITY, WORK FOR ANY BUSINESSES
                          DEEMED TO PROVIDE ESSENTIAL SERVICES
                          DURING AN OUTBREAK OF THE
                          NOVEL CORONAVIRUS, COVID-19, ANY WORK OUTSIDE
                          THE HOME DURING A PERIOD OF CLOSURE
                          OF NON-ESSENTIAL BUSINESSES, OR PUBLIC
                          EMPLOYMENT DURING AN OUTBREAK OF
                          THE NOVEL CORONAVIRUS, COVID-19.
   §  2. The closing paragraph of subdivision 2 of section 3 of the work-
 ers' compensation law, as amended by chapter 666 of the laws of 1971, is
 amended to read as follows:
   Nothing in paragraph [thirty] THIRTY-ONE of this subdivision shall  be
 construed  to  apply  to  any  disability  or  death  due to any disease
 described in paragraph twenty-nine of this subdivision.
   § 3. This act shall take effect immediately.

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Senate Bill S1241

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

2021-S1241 (ACTIVE) - Details

2021-S1241 (ACTIVE) - Summary

2021-S1241 (ACTIVE) - Sponsor Memo

2021-S1241 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1241

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

2021-S1241 (ACTIVE) - Details

2021-S1241 (ACTIVE) - Summary

2021-S1241 (ACTIVE) - Sponsor Memo

2021-S1241 (ACTIVE) - Bill Text download pdf

Comments