July 2025

New York Governor Kathy Hochul made big changes to Workers’ Compensation Law Section 10. This was done in the Governor’s efforts to highlight resources available throughout New York’s government that are designated to improve mental health and combat loneliness. On February 14^{th, 2025}, Valentines Day- Governor Kathy Hochul superseded the previous amended legislation which allowed for mental injury claims, by signing a new amendment that added specific provisions heavily favoring public workers of New York

Workers’ Compensation Law Section 10 is written law that states every employer is subject to Liability for Compensation. An employee has the right to secure compensation from their employer if their disability or death is casually related to an injury that occurred during the course of employment. This may seem straight forward, but definitions of “injury” and “disability” can be interpreted in many ways. This is where employers and carriers use the blurred lines between what is considered an “Injury” to deny liability and neglect an employee’s serious need for medical attention and compensation.

Laws of New York, 2025, Chapter 79 was signed on Valentines Day 2025, and went into effect June 4th, 2025. The amendments added to this piece of legislation are groundbreaking for public employees of New York. They could be the difference in whether a great portion of employees have a compensable case against New York State operated employers– which are infamous for having overwhelmed workers’ compensation departments and having a higher than usual denial rate

Subdivision (C) dictates “The board may NOT disallow a claim filed by a covered employee even if there are medical reports stating that the stress was not greater than that usually expected in a normal work environment.” Workers’ compensation claims for Post Traumatic Stress Disorder, Acute Stress Disorder, and Major Depressive Disorder found to be work-stress related are now fillable claims that secure liability and medical coverage, even if the employer/doctor claim it’s a reasonable part of the job description. If the evidence meets criteria set by the Diagnostic and Statistical Manual of Mental Disorders (DSM), a publication by the American Psychiatric Association– your employer CANNOT immediately deny you a workers’ compensation claim.

#MDASR

The DSM is a manual that classifies mental disorders and diagnosis. It’s the main component in providing ICD (Interntional Classification of Diseases) codes for mental medical conditions/symptoms. Serving as the most comprehensive resource for mental clinical practice, this publication is solely for diagnostic criteria and does NOT directly influence whether a mental injury is causally related to an employee’s course of employment. Causal relation is determined by doctor’s medical reports. This is where an attorney would play an important role in the arbitration of doctor’s reports & court hearings that ultimately decide the success of a claim.

What does this mean?

The important thing to note about this provision is that NYS Employers/Carriers can no longer deny a claim simply because “It’s an expected part of your job description”. Granted, there’s still room for the Employer/Carrier to controvert a claim, a public employee can at least have an open workers’ compensation case and seek medical treatment while legal actions are being taken. To ensure your rights aren’t being neglected and you get the most out of your workers compensation claim, it is important to have an attorney that knows how to navigate the complicated workers’ compensation systems that are in place. It is one thing to file a claim; it is an entirely different set of battles to pursue a workers’ compensation claim and win at the end.

If you or a loved one has been impacted by an injury on the job, know that you’re not alone. The experienced attorneys at McIntyre, Donohue, Accardi, Salmonson, & Riordan, LLP are here to advocate for your rights and ensure you receive the protection and compensation you deserve.

Call us today for a free consultation: 866.557.7500 or email inquire@licomplaw.com

The law firm with tradition, we stand by your side!

Sources:

Workers’ Compensation Law, Section 10: Liability for Compensation.” New York Public Law, New York Public Law, www.newyork.public.law/laws/n.y._workers’_compensation_law_section_10.

New York State Workers’ Compensation Board. “Mental Injury Legislation.” GovDelivery, 7 Mar. 2025

Author: Brian Molina (Marketing Coordinator & Paralegal)