BILL NUMBER: S98
SPONSOR: GOUNARDES
 
TITLE OF BILL:
An act to amend the workers' compensation law, in relation to providing
for an initial hearing in every case for a claim of compensation
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure that injured workers receive
adequate due process and access to benefits.
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 1 of section 20 of the workers' compen-
sation law to require the Workers' Compensation Board to hold at least
one hearing for every claim.
Section 2: Establishes the effective date.
 
JUSTIFICATION:
This bill aims to improve the Workers' Compensation Law by ensuring that
injured workers receive adequate due process and access to benefits. It
is very challenging for injured workers to access the workers' compen-
sation system and to obtain benefits. Low wage and immigrant workers
often face substantial additional barriers related to language, litera-
cy, and other considerations. It is critical that injured workers be
provided with meaningful access to the system and full due process
rights in order to be certain that they have adequate notice of the
issues at stake and benefits involved in their claim, and a full and
fair opportunity to be heard and submit evidence in support of their
claims. Requiring the Workers' Compensation Board to hold at least one
hearing in every claim in order to ensure that workers are properly
advised of their rights under the law will help to accomplish this goal.
 
PRIOR LEGISLATIVE HISTORY:
2022: S845 - Referred to Labor
2021: S845 - Referred to Labor
2020: S7850 - Referred to Labor
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediate