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New York

Workers’ Compensation Presumptive Legislation

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Last Updated
May 12, 2020

As of April 30, 2020, New York is considering legislation which is currently pending in the Senate Committee which creates a presumption that impairment of health caused by COVID-19 was incurred in the performance and discharge of duties. Line of duty benefit: 100% salary. The proposed legislation would apply to police, parole and probation officers, emergency responders, fire fighters, court officers, and corrections officers. This bill is a part of a rapidly expanding national trend.

As of April 30, 2020,

New York

does not yet have a law creating a presumption of work-relatedness for the diagnosis of COVID-19. However, national trends suggest that such legislation may only be a matter of time.

Potential Future Presumptive Legislation

Many states across the country have either already passed or are already considering laws creating sweeping evidentiary presumptions for COVID-19 workers’ compensation coverage. These laws present both practical and legal problems for employers and workers’ compensation insurance carriers and may also ultimately frustrate their intended beneficiaries, front-line workers suffering from COVID-19. For workers, the rush to legislate has resulted in bills that are overbroad, covering employees with no special risk of exposure such as police dispatchers and hospital administrators, and under broad, often leaving out other jobs with high exposure such as bus drivers and store clerks. For employers and insurers, these laws radically shift the burden of proof on existing policies and may create enormous liabilities. Challenges to these laws will need to be resolved by the courts - these bills may not withstand constitutional challenges based on retroactivity, the takings clause, the contracts clause, and due process.

Contact Us

Chartwell Law represents the interests of insurers and employers, as such, we continue to continue to monitor the legal landscape. If you have any questions about issues associated with COVID-19, our attorneys are available to help. Please contact your Chartwell Law attorney or email us at Covid19WC@chartwelllaw.com.