New York Legislation Expands Access to Medical Care for Injured Workers

It’s the start of the new year – that period of time when we reflect on our past accomplishments and move forward with excitement for the challenges of a new chapter. Our new years’ resolutions are full of hope and optimism. As your trusted legal team, we at The Klein and Cardali Law Group can help you check off one box as we flip the calendar, and that is to inform you of legislation that is part of the New York State Fiscal Year 2026 Enacted Budget, and how it may impact your medical care, your case, and your overall quality of life.

EXPANDING THE NETWORK FOR WORKERS’ COMPENSATION DOCTORS

We know one of the most frustrating aspects of the workers’ compensation process is getting proper and timely medical treatment. It’s often fraught with lengthy delays, and when you’re in pain – the last thing you want to deal with is sifting through red tape. This year, the hope is that the new provisions enacted by Governor Hochul’s office will reduce wait times for injured workers in need of medical care.

Perhaps the most significant shift we have seen in years to come is the new provision expanding the pool of available workers’ compensation physicians and providers.  Resident physicians in the Accreditation Council for Graduate Medical Education (ACGME) training programs will now be able to treat patients under the supervision of attending workers’ compensation board-certified doctors. The goal is to add tens of thousands of qualified medical professionals across the state over a short period of time to provide a more streamlined process to access your medical care  This is especially good news for those living in rural areas outside New York City, who have a more difficult time finding doctors who accept workers’ compensation insurance in their network.

Governor Hochul has also implemented a 20% increase in reimbursement pay rates for workers’ compensation board approved physicians. Under the revised medical fee schedule guidelines, workers’ compensation doctors’ pay rates will now more align with what private insurance companies pay general practitioners, family, and internal medicine doctors.

EARNED SAFE AND SICK TIME ACT REVISIONS

New York City is also expanding the rights and entitlements found in the 2026 Earned Safe and Sick Time Act (ESSTA). Employers must now grant all newly hired and existing covered employees an additional 32 hours of unpaid “safe and sick time” each year. These hours will be effective for immediate use, even if you have just been hired, and are available at the start of each calendar year — on top of the current paid sick/safe leave already required by law. However, unused unpaid sick leave does not carry over to the next year. These changes will hopefully allow employees to use the extended paid and sick leave for significant matters such as childcare or attending personal matters like legal proceedings or court appearances.

These are major shifts in the landscape for the workers’ compensation system.  The hope is with more access to medical care and fewer obstacles involved in upholding the process, there will be better days ahead on the path to recovery if you are injured on-the-job.

We at the Klein and Cardali Law Group are especially proud of all the hard work and dedication for the past year and are extremely grateful you are a part of our legal family.  From all of us to you, have a safe, healthy, and happy new year!