Senate bill · S6376 (2025-26)

Prohibits insurance carriers and employers from withholding certain benefits from injured workers based on attachment to the labor market

New York State Senate

Same as A8482, the matching bill in the Assembly.

PassedLatest action Jun 4, 2026

Passed as A8482, the matching Assembly bill.

Sponsor: Jessica Scarcella-Spanton (State Senator, District 23, Democratic)

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From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 22, 2026. About our data

Summary

Prohibits insurance carriers and employers from withholding certain benefits from injured workers based on a claim that such workers have voluntarily withdrawn from the labor market by not seeking alternate employment that their injury or illness does not preclude them from performing.

Summary from NY Open Legislation. How we handle summaries

Amends the Workers' Compensation Law.

Purpose, from the sponsor's memo

To prohibit insurance carriers and employers from withholding certain benefits from injured workers based on attachment to the labor market.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed the legislature and is awaiting a signature.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

Committee

Finance · New York State Senate

Also referred to Labor · New York State Assembly, Labor · New York State Senate.

Your position on this bill

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Cosponsors

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate

Democratic8

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The sponsor's argument

Why Jessica Scarcella-Spanton says this is needed

Currently, insurance carriers and employers can legally withhold indem- nity, or wage replacement, benefits from injured workers who prove that they cannot perform their jobs due to their workplace illness or injury. Carriers can do this by claiming that the injured worker has voluntarily withdrawn from the labor market by not seeking alternate employment so that their injury or illness does not preclude them from performing. For most injured workers, this is an impossibility. If their own employer is not willing or able to offer them light duty work, the chances that a different employer will offer them light duty work in an industry or position that they have little experience or training in are zero. This defense evolved as a matter of decisional law. Statutory amendments enacted in 2017 to limit the application of this defense have not been successful. Further, allowing carriers to assert this defense creates a windfall for the carriers because employers' experience rating and premiums are routinely negatively impacted by the claim regardless of whether indemnity benefits are withheld. For these reasons, it is neces- sary to eliminate this defense altogether.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

Vote: Floor vote
NY SenateJun 4, 2026Result: passedSenate vote on A8482, the matching Assembly bill.
(60) (0) (0) (3)
Vote: Committee vote · Labor
Senate LaborApr 21, 2026Result: passed
(13) (0) (0) (0)
Vote: Committee vote · Labor
Senate LaborMay 27, 2025Result: passed
(13) (0) (0) (0)

Full history

Jun 4, 2026
In committee
COMMITTEE DISCHARGED AND COMMITTED TO RULES
NY Senate
Jun 4, 2026
Ordered to Third Reading CAL.1713
ORDERED TO THIRD READING CAL.1713
NY Senate
Jun 4, 2026
Passed a chamber
PASSED SENATE
NY Senate
Jun 4, 2026
Substituted
SUBSTITUTED BY A8482A
NY Senate
May 13, 2026
Sent to the executive
DELIVERED TO SENATE
NY Assembly

Show full history (22 earlier events)

May 13, 2026
Passed a chamber
PASSED ASSEMBLY
NY Assembly
May 13, 2026
Referred to committee
REFERRED TO FINANCE
NY Senate
May 4, 2026
Amended
AMENDED ON THIRD READING 8482A
NY Assembly
Apr 30, 2026
Amend and Recommit to Finance
AMEND AND RECOMMIT TO FINANCE
NY Senate
Apr 21, 2026
Reported out of committee
REPORTED AND COMMITTED TO FINANCE
NY Senate
Jan 7, 2026
Died in Senate
DIED IN SENATE
NY Senate
Jan 7, 2026
Ordered to Third Reading CAL.213
ORDERED TO THIRD READING CAL.213
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO LABOR
NY Senate
Jun 13, 2025
In committee
COMMITTED TO RULES
NY Senate
May 29, 2025
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
May 28, 2025
2ND Report CAL.
2ND REPORT CAL.
NY Senate
May 27, 2025
1ST Report CAL.1297
1ST REPORT CAL.1297
NY Senate
May 27, 2025
Sent to the executive
DELIVERED TO SENATE
NY Assembly
May 27, 2025
Passed a chamber
PASSED ASSEMBLY
NY Assembly
May 27, 2025
Referred to committee
REFERRED TO LABOR
NY Senate
May 21, 2025
Reported out of committee
REPORTED
NY Assembly
May 21, 2025
Rules Report CAL.255
RULES REPORT CAL.255
NY Assembly
May 20, 2025
Reported out of committee
REPORTED REFERRED TO RULES
NY Assembly
May 16, 2025
Enacting Clause Stricken
ENACTING CLAUSE STRICKEN
NY Assembly
May 16, 2025
Referred to committee
REFERRED TO LABOR
NY Assembly
Mar 12, 2025
Referred to committee
REFERRED TO LABOR
NY Senate
Mar 6, 2025
Referred to committee
REFERRED TO LABOR
NY Assembly

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.