S 3955: Relates to notification in the case of a change to the workers' compensation claims representative.

  
  STATE OF NEW YORK ________________________________________________________________________ 3955 2025-2026 Regular Sessions  IN SENATE January 31, 2025 ___________ Introduced by Sens. RAMOS, SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to notifica- tion in the case of a change to a workers' compensation claims repre- sentative The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The workers' compensation law is amended by adding a new 2 section 138 to read as follows: 3 § 138. Workers' compensation claims representative replacement. 1. 4 Where an injured employee is entitled to workers' compensation benefits 5 under this chapter and a claims representative has been assigned to such 6 injured employee's workers' compensation claim by an insurance carrier, 7 such insurance carrier shall be required to notify such injured employee 8 or such employee's personal representative in the event that such claim 9 is assigned to a new claims representative, or it is determined that the 10 assignment of a claims representative is no longer necessary. For the 11 purposes of this section, "claims representative" shall mean any employ- 12 ee, agent, or other representative of an insurance carrier that is 13 responsible for processing, adjudicating, or in any way effecting the 14 settlement of a workers' compensation claim. 15 2. An insurance carrier shall provide such notice by electronic means 16 or by certified or registered mail, as elected by the injured employee, 17 return receipt requested, to the last known address of the injured 18 employee or such employee's personal representative within fourteen 19 business days of the replacement of any claims representative or the 20 determination that the assignment of a claims representative is no long- 21 er necessary. Such notice shall include the name and contact information 22 of the new claims representative when a new assignment has been made. 23 § 2. The workers' compensation law is amended by adding a new section 24 138-a to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08511-01-5 
 S. 3955 2 1 § 138-a. Workers' compensation claims representative replacement; 2 self-insured employer. 1. Where an injured employee is entitled to work- 3 ers' compensation benefits under this chapter and a claims represen- 4 tative has been assigned to such injured employee's workers' compen- 5 sation claim by a self-insured employer, such self-insured employer 6 shall be required to notify such injured employee or such employee's 7 personal representative in the event that such claim is assigned to a 8 new claims representative, or it is determined that the assignment of a 9 claims representative is no longer necessary. For the purposes of this 10 section, "claims representative" shall mean any employee, agent, or 11 other representative of a self-insured employer that is responsible for 12 processing, adjudicating, or in any way effecting the settlement of a 13 workers' compensation claim. 14 2. A self-insured employer shall provide such notice by electronic 15 means or by certified or registered mail, as elected by the injured 16 employee, return receipt requested, to the last known address of the 17 injured employee or such employee's personal representative within four- 18 teen business days of the replacement of any claims representative or 19 the determination that the assignment of a claims representative is no 20 longer necessary. Such notice shall include the name and contact infor- 21 mation of the new claims representative when a new assignment has been 22 made. 23 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 24 sion, section or part of this act shall be adjudged by any court of 25 competent jurisdiction to be invalid, such judgment shall not affect, 26 impair, or invalidate the remainder thereof, but shall be confined in 27 its operation to the clause, sentence, paragraph, subdivision, section 28 or part thereof directly involved in the controversy in which such judg- 29 ment shall have been rendered. It is hereby declared to be the intent of 30 the legislature that this act would have been enacted even if such 31 invalid provisions had not been included herein. 32 § 4. This act shall take effect on the ninetieth day after it shall 33 have become a law.