Relates to schedule in case of disability; provides the compensation shall not be less than one-fifth of the New York state average weekly wage unless the employee's weekly wage is equal to or less than one-fifth the weekly wage, then they shall receive the entire amount.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7178A
SPONSOR: Joyner PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to increase the minimum weekly compensation
for claimants that receive workers' compensation benefits.
SUMMARY OF PROVISIONS:
Section one of the bill would amend the Workers' Compensation Law to
provide that benefits for permanent or temporary partial disability, or
permanent or temporary total disability, shall not be less than one-
fifth of the statewide average weekly wage (SAWW). If the injured worker
receives a wage that is equal to or less than one-fifth of the SAWW,
then their benefit would be their actual earnings.
Section two of the bill would establish the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Makes a technical change regarding a date threshold within the bill.
JUSTIFICATION:
Under current law, maximum weekly benefits for workers' compensation are
set to increase on an annual basis; however, the minimum weekly benefit
has only increased on a piecemeal basis over the past several years and
is currently set at $150. This legislation would provide an increase for
the minimum weekly benefit under current law and ensure that such bene-
fits keep pace with inflation by indexing the minimum compensation
amount to the statewide average weekly wage calculation provided by the
Department of Labor. This legislation would provide equity and fairness
to low-wage workers injured on the job and ensure that future benefits
are adjusted automatically with inflation.
PRIOR LEGISLATIVE HISTORY:
2020: A.1324 (Crespo) - Referred to Labor
2019: A.1324 (Crespo) - Referred to Labor
2018: A.11034 Rules (Titus) - Reported to Ways and Means
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This bill would take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7178--A
2021-2022 Regular Sessions
IN ASSEMBLY
April 27, 2021
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Labor -- recommitted to the Committee on Labor in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the workers' compensation law, in relation to schedule
in case of disability
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 6 of section 15 of the work-
2 ers' compensation law, as amended by section 7-a of part GG of chapter
3 57 of the laws of 2013, is amended to read as follows:
4 (a) Compensation for permanent or temporary total disability due to an
5 accident or disablement resulting from an occupational disease that
6 occurs, (1) on or after January first, nineteen hundred seventy-eight,
7 shall not exceed one hundred twenty-five dollars per week, that occurs
8 (2) on or after July first, nineteen hundred seventy-eight, shall not
9 exceed one hundred eighty dollars per week, that occurs (3) on or after
10 January first, nineteen hundred seventy-nine, shall not exceed two
11 hundred fifteen dollars per week, that occurs (4) on or after July
12 first, nineteen hundred eighty-three, shall not exceed two hundred
13 fifty-five dollars per week, that occurs (5) on or after July first,
14 nineteen hundred eighty-four, shall not exceed two hundred seventy-five
15 dollars per week, that occurs (6) on or after July first, nineteen
16 hundred eighty-five, shall not exceed three hundred dollars per week,
17 that occurs (7) on or after July first, nineteen hundred ninety, shall
18 not exceed three hundred forty dollars per week; and in the case of
19 temporary total disability shall not be less than thirty dollars per
20 week and in the case of permanent total disability shall not be less
21 than twenty dollars per week except that if the employee's wages at the
22 time of injury are less than thirty or twenty dollars per week respec-
23 tively, he or she shall receive his or her full weekly wages. Compen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05324-02-2
A. 7178--A 2
1 sation for permanent or temporary partial disability due to an accident
2 or disablement resulting from an occupational disease that occurs (1) on
3 or after January first, nineteen hundred seventy-eight, shall not exceed
4 one hundred five dollars per week, that occurs (2) on or after July
5 first, nineteen hundred eighty-three, shall not exceed one hundred twen-
6 ty-five dollars per week, that occurs (3) on or after July first, nine-
7 teen hundred eighty-four, shall not exceed one hundred thirty-five
8 dollars per week, that occurs (4) on or after July first, nineteen
9 hundred eighty-five, shall not exceed one hundred fifty dollars per
10 week, that occurs (5) on or after July first, nineteen hundred ninety,
11 shall not exceed two hundred eighty dollars per week; nor be less than
12 twenty dollars per week; except that if the employee's wages at the time
13 of injury are less than twenty dollars per week, he or she shall receive
14 his or her full weekly wages. In no event shall compensation when
15 combined with decreased earnings or earning capacity exceed the amount
16 of wages which the employee was receiving at the time the injury
17 occurred. Compensation for permanent or temporary partial disability, or
18 for permanent or temporary total disability due to an accident or disa-
19 blement resulting from an occupational disease that occurs (1) on or
20 after July first, nineteen hundred ninety-one and prior to July first,
21 nineteen hundred ninety-two, shall not exceed three hundred fifty
22 dollars per week; (2) on or after July first, nineteen hundred ninety-
23 two, shall not exceed four hundred dollars per week; nor be less than
24 forty dollars per week except that if the employee's wages at the time
25 of injury are less than forty dollars per week, the employee shall
26 receive his or her full wages. Compensation for permanent or temporary
27 partial disability, or for permanent or temporary total disability due
28 to an accident or disablement resulting from an occupational disease
29 that occurs (1) on or after July first, two thousand seven shall not
30 exceed five hundred dollars per week, (2) on or after July first, two
31 thousand eight shall not exceed five hundred fifty dollars per week, (3)
32 on or after July first, two thousand nine shall not exceed six hundred
33 dollars per week, and (4) on or after July first, two thousand ten, and
34 on or after July first of each succeeding year, shall not exceed two-
35 thirds of the New York state average weekly wage for the year in which
36 it is reported. Compensation for permanent or temporary partial disabil-
37 ity, or for permanent or temporary total disability due to an accident
38 or disablement resulting from an occupational disease that occurs on or
39 after July first, two thousand seven shall not be less than one hundred
40 dollars per week except that if the employee's wages at the time of
41 injury are less than one hundred dollars per week, the employee shall
42 receive his or her full wages. Compensation for permanent or temporary
43 partial disability, or for permanent or temporary total disability due
44 to an accident or disablement resulting from an occupational disease
45 that occurs on or after May first, two thousand thirteen shall not be
46 less than one hundred fifty dollars per week except that if the employ-
47 ee's wages at the time of injury are less than one hundred fifty dollars
48 per week, the employee shall receive his or her full wages. Compensation
49 for permanent or temporary partial disability, or for permanent or
50 temporary total disability due to an accident or disablement resulting
51 from an occupational disease that occurs on or after the effective date
52 of the chapter of the laws of two thousand twenty-two that amended this
53 paragraph shall not be less than one-fifth of the New York state average
54 weekly wage except that if the employee's weekly wages are equal to or
55 less than one-fifth of the New York state average weekly wage, the
56 employee shall receive his or her full wages. In no event shall compen-
A. 7178--A 3
1 sation when combined with decreased earnings or earning capacity exceed
2 the amount of wages the employee was receiving at the time the injury
3 occurred. Compensation for permanent or temporary partial disability, or
4 for permanent or temporary total disability due to an accident or disa-
5 blement resulting from an occupational disease or injury that occurred
6 as a result of World Trade Center rescue activity by an employee of a
7 private voluntary hospital, who passed a physical examination upon
8 employment as a rescue worker that failed to reveal evidence of a condi-
9 tion that was the proximate cause of disablement or occupational disease
10 or injury, shall not exceed three-quarters of a claimant's wage on
11 September eleventh, two thousand one. In no event shall compensation
12 when combined with decreased earnings or earning capacity exceed the
13 amount of wages the employee was receiving on September eleventh, two
14 thousand one.
15 § 2. This act shall take effect immediately.
