New York has enacted legislation (Assembly Bill 5745), which amends the New York State Workers' Compensation Law, allowing all workers to file for workers' compensation for mental injury due to extraordinary work-related stress incurred at work. Assembly Bill 5745 took effect on Jan. 1, 2025.
The details
Before Jan. 1, 2025, coverage under New York's workers' compensation law for mental injury was limited to a work-related emergency experienced by certain emergency first responders. Assembly Bill 5745 has now expanded New York's Worker's Compensation Law to allow all workers to file a claim for mental injury resulting from extraordinary work-related stress incurred at work.
Note: The Workers' Compensation Board will be responsible for determining whether a causal relationship exists between a work activity and a worker's mental injury.
Next steps
Employers should train supervisors on the new mental health protections under the New York Workers' Compensation law.