New York Expands Workers’ Compensation for Mental Health Injuries

On January 1, 2025, an expansion of New York’s Workers’ Compensation Law went into effect. The amended law may have a significant impact on claims against employers as it allows employees to seek compensation for mental injuries based on extraordinary work-related stress. However, whether an employee has met the law’s requirements will be a fact-specific determination for the Workers’ Compensation Board. Further, the provision leaves certain legal questions open.

Amendment to the Workers’ Compensation Law

The statute now includes the following language:

Where a worker files a claim for mental injury premised upon extraordinary work-related stress incurred at work, the board may not disallow the claim upon a factual finding that the stress was not greater than that which usually occurs in the normal work environment.

Prior to this change, only certain first responders (police officers, firefights, EMTs, paramedics, and others specified by statute) could seek workers’ compensation for mental injury that occurred during a “work-related emergency.” Now any worker can file a claim, and the employee is not required to suffer stress “greater than that which usually occurs in the normal work environment.” 

Remaining Questions

While the amendment represents a significant expansion of workers’ compensation, employees must show that the stress is “extraordinary,” a term that is not defined in the statute. Therefore, what constitutes extraordinary work-related stress may be litigated and will need to be interpreted by administrative law judges. 

In addition, employees are required to demonstrate that their injury was caused by a work activity as opposed to other life circumstances. This may be a difficult task and will be an issue of fact for the Workers’ Compensation Board to decide.

Next Steps for Employers

Employers should review their workers’ compensation policies and practices with legal counsel to determine what changes should be made to comply with the amended law.

Please feel free to contact any of our employment attorneys if you have any questions or would like our assistance in complying with the Workers’ Compensation Law.

NOTICE: Material provided on this website has been prepared by Kauff McGuire & Margolis LLP solely for general informational purposes, and it is not intended to and does not constitute legal advice. Material provided on the website is not privileged and does not create an attorney-client relationship with the Firm or any of its lawyers.