New York seeks to weaken exclusive remedy in sexual offenses claims

New York lawmakers are again considering amendments to workers compensation code that would permit workers who suffer a sexual offense to both file an injury claim and sue their employer.

S.B. 4140, introduced Monday and sent to the Labor Committee, states that if the sexual offense is found to be “due to negligent acts or omissions of the employer,” the worker “shall be entitled to all rights and benefits available pursuant (workers comp law and) in addition may pursue any remedy available in equity or at law, for compensation for any and all damages resulting from such injury.”

The bill also permits a workers comp insurer to put a lien on proceeds from a lawsuit.

Lawmakers in 2023 considered similar legislation weakening exclusive remedy in cases of sexual assault. That bill died in committee.