New York Senate Bill 7361 was introduced, which would ensure that injured workers receive timely medical care when their workers’ compensation claims are disputed.

Currently, insurers may pay without prejudice on a claim under investigation, however controverted claims leave workers without coverage until the Workers’ Compensation Board issues a decision. If passed, this bill would establish a clear subrogation process for controverted claims, ensuring injured workers receive timely care without financial burden.

Employers or insurers would be required to provide immediate medical treatment if the injured worker holds a valid health insurance policy at the time of injury, regardless of the claim’s status. Employers or insurers could then seek reimbursement from the health insurer if the claim is deemed non-compensable. The bill also shields injured workers from any financial liability and mandates that insurers report reimbursement activity to the Board.

If enacted, the bill would take effect immediately.