NY A00337

Expands employer liability exceptions under Section 11, allowing injured employees to sue employers for violations of workplace safety statutes, termination of benefits, or failure to secure workers' compensation coverage.

Increases disfigurement compensation maximum from $20,000 to $30,000 and lowers the wage-earning capacity loss threshold for additional compensation from 50% to 40%.

Creates cost-of-living adjustment allowances for permanently totally disabled employees, computed at 50% of annual Consumer Price Index increases, effective July 1, 2024.

Establishes comprehensive return-to-work programs including employer policies, vocational rehabilitation, physician training, and incentive programs with wage subsidies for hiring workers with permanent restrictions.

Requires insurers to file detailed annual financial statements with the board showing premiums, benefits paid by category, vendor payments, and lien recoveries, with public disclosure and penalties up to $50,000 for non-compliance.

Mandates biennial audits of employers with more frequent audits for construction class employers, with $2x premium surcharges for failing to provide access to payroll records.

Strengthens anti-discrimination protections with increased penalties from $100-$500 to $1,000-$10,000 and requires burden of proof shift to employers for prejudice claims.

Requires translation of board documents and interpretation services in six most common non-English languages with appointment of language access coordinator.