Bill > A03723

This bill modifies the workers' compensation law to make it easier for workers with significant wage-earning capacity loss to be reclassified as permanently totally disabled or totally industrially disabled by defining and expanding the criteria for "extreme hardship". The bill lowers the threshold for wage-earning capacity loss from seventy-five percent to fifty percent and removes previous time restrictions on when a worker can request reclassification. The bill defines extreme hardship through four specific circumstances: (a) if the worker's Social Security disability and pension benefits would be less than half of their previous average weekly wage, (b) if the worker cannot meet expenses for themselves and dependents after disability benefits end, (c) if additional medical, functional, or vocational factors have further reduced their wage-earning capacity, or (d) if the worker's income would fall below federal poverty guidelines after disability benefits terminate. By broadening the criteria for reclassification, the bill aims to provide additional financial protection for workers who experience significant ongoing challenges due to work-related injuries.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A3723