Effective January 1, 2025, New York employees are permitted to file for workers’ compensation benefits for mental health injuries.

Specifically, the New York’s Workers’ Compensation Law has been revised to allow any worker to file for workers’ compensation for specific types of mental injury premised on extraordinary work-related stress and provides that the Workers’ Compensation Board cannot deny a claim because the “stress was not greater than that which usually occurs in the normal work environment.”  This expands coverage to all workers in New York (a law enacted in 2017 made only first responders facing post-traumatic stress disorder eligible for such benefits).

Similar to physical injuries, the question of whether a causal relationship exists between a work activity and the mental injury is an issue of fact for the Workers’ Compensation Board and will likely be decided on a case-by-case basis.

In light of this change, employers should review their Workers’ Compensation policies to ensure coverage is updated to include coverage for all employees that may potentially bring mental injury claims premised on work-related stress.  If you have any questions regarding the amended law, please contact Ali Law Group.

HRtelligence was created by the team at Ali Law Group, LLC.  Should you have any questions or need assistance, please contact Ali Law Group.

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