Home/Bills/A 8189New York · 2025–2026 Legislative Session
Assembly BillIntroduced

A 8189: Clarifies that workers who are temporarily partially disabled are entitled to payment of benefits at a reduced rate unless their separation from employment is unrelated to the compensable injury.

New York · Assembly · 2025–2026 Legislative Session · last verified January 9, 2026

What A 8189 does, verified January 9, 2026

The bill aims to establish statutory guidelines for temporarily partially disabled workers. It modifies the workers' compensation law to ensure that compensation is two-thirds of the difference between the employee's average weekly wages before the accident and their wage earning capacity after the accident. The compensation is payable during the duration of the temporary partial disability, regardless of the employee's ability to find new employment. However, the board may find that the employee's separation from employment is unrelated to their compensable injury, and the employee must demonstrate ongoing attachment to the labor market in such cases.

Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: referred to labor (2026-01-07)Alert me
Quick answers about A 8189
What is the current status of A 8189?
As of January 9, 2026, A 8189 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "referred to labor".
Did A 8189 pass?
Not yet. A 8189 has been introduced and has not passed either house.
Who wrote A 8189, and where is it now?
A 8189 was authored by Asm. Michael Durso. Its committee of record is Assembly Labor.
Recent actions2 total · showing 2
Jan. 07, 2026referred to labor
May. 05, 2025referred to labor
Latest bill textIntroduced version, May 5, 2025 · 250 words
  
  STATE OF NEW YORK ________________________________________________________________________ 8189 2025-2026 Regular Sessions  IN ASSEMBLY May 5, 2025 ___________ Introduced by M. of A. DURSO -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to establish- ing statutory guidelines for return to work by temporarily partially disabled workers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 15 of the workers' compensation 2 law, as amended by chapter 161 of the laws of 1966, is amended to read 3 as follows: 4 5. Temporary partial disability. In case of temporary partial disabil- 5 ity resulting in decrease of earning capacity, the compensation shall be 6 two-thirds of the difference between the injured employee's average 7 weekly wages before the accident and [his] such injured employee's wage 8 earning capacity after the accident in the same or other employment. 9 Compensation under this subdivision shall be payable during the contin- 10 uance of such temporary partial disability, without the necessity for 11 the injured employee to demonstrate ongoing attachment to the labor 12 market, unless the board finds that the injured employee's separation 13 from employment is wholly unrelated to their compensable injury. 14 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01206-01-5 
Text of A 8189 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions
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