New York State has recently amended its Workers’ Compensation Law to provide greater protections for those who seek claims for mental health injuries. The state hopes to create a more standardized and predictable way of determining eligibility for mental health care claims by creating clearer and more evidence-based standards.

The amendment specifically states that a claim of certain work-related mental health injuries (PTSD, acute stress disorder, or major depressive disorder) may not be dismissed simply because a finding is made that the level of stress the employee was subjected to was no different than normal work-related stress. Instead, the employee must testify (with relevant evidence) to the following:

- The mental health injury is consistent with the official definition contained in the Diagnostic and Statistical Manual of Mental Disorders (DSM); and

- The mental health injury is a direct result of work-related stress arising out of a specific work-related event and occurring during the performance of job duties.

This alteration will likely provide better compensation to those with such mental health claims, but it also creates more administrative burden for the employer, who is now charged with determining whether or not a specific claim fits into this expanded definition (which may require conjecture about the definitions in the DSM). 

The amendments are set to go into effect on June 4, 2025. Any claims initiated before this point will be decided by current law.