New York Expands Workers’ Compensation for Mental Health Claims

Workers’ Compensation Now Covers Job-Related Mental Health Conditions

New York workers who experience extraordinary job-related stress now have stronger protections under state law. Governor Kathy Hochul recently signed Legislation S.6635/A.5745, expanding workers’ compensation benefits to cover mental injuries, including post-traumatic stress disorder (PTSD), acute stress disorder, and major depressive disorder caused by workplace stress. Previously, only first responders, such as police officers, firefighters, and EMTs, were eligible for these benefits. Now, all workers in New York State can file claims for job-related mental health conditions.

If you’ve developed PTSD or another serious mental health condition due to extraordinary work-related stress, a New York workers’ compensation lawyer can help you understand your rights and navigate the legal process. Here’s what New York workers need to know about the new legislation.

Who Qualifies for Mental Health Workers’ Comp in New York?

This law ensures that any worker in New York who experiences extraordinary stress at work can file a workers’ compensation claim. Key points include:

• The New York Workers’ Compensation Board cannot deny claims solely because the stress is considered part of the job.
• Previously, only first responders had this protection, but now, it applies to all workers across industries.
• A worker diagnosed with PTSD, acute stress disorder, or major depressive disorder due to their job can seek benefits.
• A valid claim must demonstrate that the mental health condition resulted from a distinct work-related event or events.

If you’re unsure whether your situation qualifies, speaking with an experienced workers’ compensation attorney can help determine your potential legal options.

How This Law Strengthens Mental Health Protections for Workers

Governor Hochul emphasized the importance of addressing mental health challenges in the workplace, stating: “New Yorkers work hard — and those who have experienced the unthinkable while on the job deserve to be treated fairly.”

This new law is a major step in removing barriers that workers previously faced when filing mental health-related workers’ comp claims. Supporters of the bill, including New York State AFL-CIO President Mario Cilento, praised the legislation for giving workers the same protections for mental injuries as physical injuries.

State Senator Jessica Ramos, who sponsored the bill, added: “Not all injuries are physical, but all workers should get support for injuries sustained on the job.”

With workplace stress and trauma on the rise—especially in high-risk industries—these changes are a crucial step toward ensuring workers can access the medical care and compensation they need.

Steps to Take If You’re Experiencing Work-Related PTSD or Depression

If you believe your mental health condition is due to work-related stress, follow these steps to protect your rights:

1. Seek medical attention – Get evaluated by a licensed mental health professional who can diagnose your condition.
2. Document workplace incidents – Keep records of any stressful events or traumatic experiences that contributed to your condition.
3. Report the injury – Notify your employer as soon as possible and file a workers’ compensation claim.
4. Consult a workers’ compensation attorney – Employers and insurance companies may try to deny mental health claims, so having legal representation is crucial.

Can Employers Deny a Workers’ Comp Claim for Mental Health Conditions?

Although this new law expands protections, insurance companies may still challenge claims by arguing:

• The stress was not related to a specific work event.
• The worker’s condition was pre-existing or unrelated to the job.
• There is insufficient medical evidence linking the diagnosis to work-related stress.

To increase the chances of approval, workers should seek legal representation to build a strong case backed by medical documentation and workplace records.

How a New York Workers’ Compensation Lawyer Can Help

Filing a claim for job-related PTSD, depression, or anxiety can be challenging, especially if your employer or their insurance company tries to deny or undervalue your case. At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, our New York workers’ compensation attorneys have been fighting for injured workers for over 90 years.

We can help by:

• Gathering medical evidence to support your claim.
• Filing the necessary paperwork to meet deadlines.
• Fighting insurance disputes to ensure you receive fair compensation.
• Appealing denied claims if your case is rejected.

If you’re a New York worker who has been diagnosed with PTSD, major depressive disorder, or another mental health condition due to extraordinary workplace stress, you may be eligible for workers’ compensation benefits. Contact us today for a free consultation to learn more about your rights.

“This law firm was very helpful. There was always someone to answer my questions and give me peace of mind.” — Rebecca S., ⭐⭐⭐⭐⭐