Bill > A02748

This bill amends the workers' compensation law to expand the definition of permanent total disability by adding two new criteria for classification. First, an employee who is unable to perform the full range of sedentary work will now be considered permanently totally disabled. Sedentary work is specifically defined as the ability to exert up to ten pounds of force occasionally, sit for at least six hours in an eight-hour day, and occasionally walk or stand for up to two hours in an eight-hour day. Second, an employee who receives federal social security disability benefits as a result of a compensable workplace accident or occupational disease will also be classified as permanently totally disabled. The bill also updates language to use gender-neutral terminology and provides that in cases of such disability, an employee can engage in business or employment without diminishing their compensation, provided their combined earnings and compensation do not exceed the established wage base. The changes aim to provide broader protections and support for workers who have suffered significant workplace injuries that substantially limit their ability to work. The bill will take effect immediately and apply to injuries occurring on or after its effective date.

Budget and Finance, Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A2748