STATE OF NEW YORK
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7388--A
2021-2022 Regular Sessions
IN SENATE
September 20, 2021
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Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Labor in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the workers' compensation law, in relation to the weekly
benefit of a disabled employee
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 2 of section 204 of the work-
2 ers' compensation law, as amended by section 5 of part SS of chapter 54
3 of the laws of 2016, is amended to read as follows:
4 (b) The weekly benefit which the disabled employee is entitled to
5 receive for disability commencing: (i) on or after January first, two
6 thousand twenty-four shall be fifty percent of the employee's average
7 weekly wage but shall not exceed fifty percent of the state average
8 weekly wage; (ii) on or after January first, two thousand twenty-five
9 shall be fifty-five percent of the employee's average weekly wage but
10 shall not exceed fifty-five percent of the state average weekly wage;
11 (iii) on or after January first, two thousand twenty-six shall be sixty
12 percent of the employee's weekly average wage but shall not exceed sixty
13 percent of the state average weekly wage; and (iv) on or after January
14 first of each succeeding year, shall be sixty-seven percent of the
15 employee's average weekly wage but shall not exceed sixty-seven percent
16 of the state average weekly wage. The weekly benefit which the disabled
17 employee is entitled to receive for disability commencing on or after
18 May first, nineteen hundred eighty-nine and prior to January first, two
19 thousand twenty-four shall be one-half of the employee's weekly wage,
20 but in no case shall such benefit exceed one hundred seventy dollars;
21 except that if the employee's average weekly wage is less than twenty
22 dollars, the benefit shall be such average weekly wage. The weekly bene-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13128-02-2
S. 7388--A 2
1 fit which the disabled employee is entitled to receive for disability
2 commencing on or after July first, nineteen hundred eighty-four shall be
3 one-half of the employee's weekly wage, but in no case shall such bene-
4 fit exceed one hundred forty-five dollars; except that if the employee's
5 average weekly wage is less than twenty dollars, the benefit shall be
6 such average weekly wage. The weekly benefit which the disabled employee
7 is entitled to receive for disability commencing on or after July first,
8 nineteen hundred eighty-three and prior to July first, nineteen hundred
9 eighty-four shall be one-half of the employee's average weekly wage, but
10 in no case shall such benefit exceed one hundred thirty-five dollars nor
11 be less than twenty dollars; except that if the employee's average week-
12 ly wage is less than twenty dollars the benefit shall be such average
13 weekly wage. The weekly benefit which the disabled employee is entitled
14 to receive for disability commencing on or after July first, nineteen
15 hundred seventy-four, and prior to July first, nineteen hundred eighty-
16 three, shall be one-half of the employee's average weekly wage, but in
17 no case shall such benefit exceed ninety-five dollars nor be less than
18 twenty dollars; except that if the employee's average weekly wage is
19 less than twenty dollars, the benefit shall be such average weekly wage.
20 The weekly benefit which the disabled employee is entitled to receive
21 for disability commencing on or after July first, nineteen hundred
22 seventy and prior to July first, nineteen hundred seventy-four shall be
23 one-half of the employee's average weekly wage, but in no case shall
24 such benefit exceed seventy-five dollars nor be less than twenty
25 dollars; except that if the employee's average weekly wage is less than
26 twenty dollars the benefit shall be such average weekly wage. For any
27 period of disability less than a full week, the benefits payable shall
28 be calculated by dividing the weekly benefit by the number of the
29 employee's normal work days per week and multiplying the quotient by the
30 number of normal work days in such period of disability. The weekly
31 benefit for a disabled employee who is concurrently eligible for bene-
32 fits in the employment of more than one covered employer shall, within
33 the maximum and minimum herein provided, be one-half of the total of the
34 employee's average weekly wages received from all such covered employ-
35 ers, and shall be allocated in the proportion of their respective aver-
36 age weekly wage payments.
37 § 2. This act shall take effect immediately.
