In a move to provide greater financial relief to injured workers, New York lawmakers are considering a new bill that would amend the state’s workers’ compensation laws. This bill, A.B. 3723, introduced on Thursday, seeks to allow workers who experience significant financial hardship to be reclassified to permanent total disability or total industrial disability. This reclassification would provide them with long-term financial assistance when they face severe economic struggles due to their injuries.
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Understanding the Bill: Criteria for Reclassification
The A.B. 3723 bill proposes that injured workers be eligible for permanent total disability benefits under the following conditions:
1. Income Below 50% of Average Weekly Wage
If the worker’s combined income from Social Security disability benefits and any applicable disability pension falls below 50% of their average weekly wage after the termination of permanent partial disability benefits, they may qualify for reclassification.
2. Inability to Meet Basic Expenses
Workers who are unable to cover their living expenses—including costs for themselves and any dependents—due to the reduction or cessation of permanent partial disability benefits will be eligible for this new classification. This provision aims to ensure that individuals and families are not left without support during tough times.
3. Erosion of Wage-Earning Capacity
In cases where workers experience a decline in their medical, functional, or vocational status after their permanent partial disability classification, causing a further decrease in their ability to earn an income, they may be eligible for permanent total disability status.
4. Income Below Federal Poverty Levels
The bill also seeks to protect workers whose income falls below the federal poverty guidelines once permanent partial disability benefits are terminated. This ensures that no worker is left without the basic means to support themselves and their family when their injuries prevent them from returning to work.
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Additional Legislative Considerations: A.B. 3890
In a related legislative effort, New York’s Assembly is also reviewing A.B. 3890, a bill focused on providing disability benefits to transit workers who are injured in violent attacks. This bill, referred to the Corporations, Authorities and Commissions Committee, proposes that such workers are entitled to an additional disability benefit payment that equals half of their weekly workers compensation payment (excluding schedule awards). The goal is to provide additional financial support for workers injured in violent situations, a growing concern for transit employees.
Why the Bill Matters
Both A.B. 3723 and A.B. 3890 reflect a growing recognition of the financial struggles faced by injured workers. These legislative efforts aim to address the extreme hardship that some workers experience when they cannot return to work due to their injuries.
For many injured workers, temporary disability benefits are not enough to sustain them, especially if their condition worsens or they face additional medical challenges. By reclassifying workers to permanent total disability, New York seeks to ensure that workers are not left financially vulnerable after their injuries.
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Moving Forward
The passage of A.B. 3723 would represent a major step toward reforming workers’ compensation policies in New York, providing much-needed assistance to those who are unable to make ends meet due to workplace injuries. If the bill is passed, it will significantly enhance financial protections for workers in the state, making it easier for them to support themselves and their families during difficult times.
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