Workers’ compensation claims are typically an issue about which employers think only in the context of physical workplace injuries. In New York State, however, that may soon be poised to change. On January 1, 2025, the states Workers’ Compensation Law will permit all workers to file claims for mental injury premised upon extraordinary work-related stress. Governor Hochul signed the amendment under A5745 (the Amendment) reiterating New York state’s ongoing effort to support mental health in the workplace.

Prior to the Amendment, workers’ compensation for mental injury was limited to a work-related emergency experienced by a small subset of first responders including: police officers, firefighters, emergency medical technicians, paramedics, or other persons certified to provide medical care in emergencies. The Amendment greatly expands the scope of the law by now permitting all workers to file claims for mental injury premised upon extraordinary work-related stress. 

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.

With the implementation of the Amendment, workers and management alike will need to consider the potential impact of an employee filing a workers’ compensation claim for mental injury on a subsequent claim of discrimination against the employer. And there are indeed a host of considerations on this front, including whether the exclusivity provisions of the Workers’ Compensation law could potentially bar or narrow such discrimination claims based on earlier field workers’ compensation claims.   

If you have any questions on how to comply with these new requirements, need assistance to adjust for such changes, or have any other questions regarding your workforce, please contact your Reed Smith employment attorney.