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Legislative Summary & Justification:

JUSTICE FOR INJURED WORKERS BILL

This year the New York State Legislature has the opportunity to respond to the dire needs of injured workers across the state by enacting legislation that will both address the needs of injured workers in a fair and timely manner, as well as prevent more workplace injures from occurring.

New legislation must:

  • Resolve Workers' Compensation cases within three months and provide interim benefits within a week
  • Raise the minimum benefit rate to at least minimum-wage levels, currently $206 a week, as well as increase the maximum benefit rate
  • Prohibit mandatory overtime, one of the leading cases of workplace injuries.


Injured workers, joined by a growing number of faith-based, labor and community organizations, urge their State representatives to address their concerns by passing the Justice for Injured Workers' Bill this year. A similar bill in the Assembly, A.B. 8260, was introduced in January, 2004, and will be reintroduced as A.B. 8260-A by Assembly Member Susan John.

Workers all over New York State, especially women, are being worked to death. Whether in factories, offices, construction sites, private homes, the service sector, or elsewhere, they are being forced to work inordinately long hours of overtime, and the pressure to work harder keeps mounting. As a result, life-altering injuries and health problems are afflicting increasing numbers of workers. After injury, many can no longer work and spend their days waiting-five years, ten years, or even longer-for Workers' Compensation benefits.

According to current Workers' Compensation laws, benefits will be received in a timely and expeditious fashion-in fact "within 18 days after the first day of disability…" However, the experiences of injured workers testify to years of waiting for claims to be adjudicated while failing to receive necessary medical treatment and benefits. In the meantime, they face losing their life savings, their homes, and sometimes, their family and friends. Most devastatingly, they lose their dignity.

Denying individuals medical treatment and benefits forces them to return to work to survive, at the expense of their health. Pushed mercilessly by employers, many injured workers exacerbate their injuries, are forced to stop working, and have no choice but to turn to public assistance and Medicaid. The system itself encourages both insurers and employers to profit on the backs of injured workers and asks taxpayers to foot the bill.

Already, a groundswell of public and institutional support has put raising the state's minimum wage high on the Legislature's agenda. While we support an increase in the state minimum wage, we call attention to more insidious problems facing working people today.


Major recommendations:

  • Granting interim benefits will restore meaning to the promise of the Workers' Compensation Board to "giv[e] way to greater quality and efficiency in the delivery of services to the injured workers," including "temporary payments of compensation without prejudice." It will also reinstate the right to receive prompt medical care for an injury that arose out of the course of employment.
  • The cost of living in New York State is among the highest in the nation, but its Workers' Compensation benefit rates are amongst the lowest-its minimum rate is only $40 a week. It is both a humane and just action to raise the minimum benefit rate to at least the State minimum wage, which currently is $206 a week. The maximum benefit rate should also be raised to at least $618 a week (the state minimum multiplied by 120). Such an increase in compensation rates would be the first in more than a decade.
  • Eliminating mandatory overtime would prevent the skyrocketing costs associated with injuries arising from long work hours. This measure which raises the standard of workplace safety is in the interest of employers, insurers, and employees.


Conclusion:

Injured workers, whose health has already been compromised, should not be cheated out of the promise of Workers' Compensation to provide for the basic needs of medical treatment and living benefits. These proposed changes to the law should help prevent insurers from profiting off workplace injuries and encourage employers to keep workplaces healthy and safe. This legislation would be a critical step in protecting the health and lives of New Yorkers around the state.


NMASS Home | RELATED: The "It's About TIME!" Campaign | Press Release: "Injured Workers Call on NY Sentate GOP -- Oppose Pataki's Workers' Comp Proposals"