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Emerging Trends In Workers' Compensation Law: What Employers Need To Know

In 2022 alone, the Workers’ Compensation Board (WCB) in New York received almost 11 million claims. Each claim represents a potential burden for an employer in the Empire State, and further insights may provide greater confidence when approaching claims. Although participation in the workers’ compensation program may be mandatory for many employers, certain adjustments could lead to more positive outcomes for both injured workers and the companies they work for. When an employer understands emerging trends in workers’ compensation law, they may act more effectively when responding to claims, detecting potential fraud, and much more. An experienced workers’ compensation defense lawyer in New York may be able to assist with many of these steps. These lawyers may also help educate employers about emerging trends in this field, so consider speaking with Schwab & Gasparini. Continue this conversation by contacting us at (315) 422-1333 in Syracuse, (518) 591-4664 in Albany, (914) 304-4353 in White Plains, or (914) 304-4353 in Hudson Valley. 

The “Horseplay Defense” May Not Be as Reliable as Some Think

For many years, employers have relied on the so-called “horseplay defense” when fighting claims. If an employer and their lawyers can prove that the alleged injury stemmed from horseplay at work, the claim may not be compensable. However, the exact legal definition of horseplay is not clear in New York. Generally speaking, horseplay involves childish behavior that is completely unrelated to work. Examples might include fights, scuffles, pranks, dancing, and so on. The problem for employers is that this defense strategy is much less reliable than many assume. According to the New York City Bar Association, horseplay among employees “may be considered work-related.” 

New York courts have also concluded that horseplay is a natural part of working, and that employers should expect their workers to “fool around” once in a while. After all, human beings are not robots. Based on this stance, New York courts are often reluctant to deny claims based on the horseplay defense alone. Employers should know that if they want to take full advantage of this defense strategy, they should establish clear and concise workplace policies against horseplay. When an employer puts these rules in writing, it may be easier to utilize the horseplay defense and deny claims for injuries that had nothing to do with workplace duties. Those who need help writing these policies may want to speak with Schwab & Gasparini about emerging trends in workers’ compensation law. 

The Scaffold Law Continues to Face Threats in New York

One of the most controversial topics in New York workers’ compensation law is the “Scaffold Law.” Enacted in 1885, this law allows employees to sue their employers directly after “gravity-related incidents.” It was created at a time when construction laborers built high-rises with no fall protection, and it had significant support among the working class. Today, the Scaffold Law makes New York one of the most pro-worker states when it comes to workers’ compensation. No other state has a law like this, and it has been financially burdensome for construction contractors and property owners. Many believe that it should be abolished, and efforts to this effect have languished over the decades. 

In 2024, a coalition called Scaffold Law Reform published a report about potential changes to this law. The coalition notes that in recent years, New York courts have highlighted the duty of each plaintiff to prove causation when pursuing compensation under this law. While this might seem like positive news for employers (particularly those in the construction industry), the coalition also highlights the recent retirement of a key judge from the New York Court of Appeals. This judge had a habit of expressing more “restrained” views in cases involving the Scaffold Law, but his retirement and the arrival of new judges could lead to a more “expansive” interpretation of the law. As a result, Scaffold Law Reform believes that a “more draconian” application of the law is likely in the future. 

The WCB Claims to Have Delivered Better Value in Recent Years

The WCB claims to have delivered better results for both workers and employers in recent years. The board cites statistics showing a 134% increase in injured workers’ benefits since 2006. During the same time period, statistics indicate a 9.8% decrease in employer costs. According to the WCB, this is thanks to employer assessment rate cuts, reduced insurance rates, and the elimination of an outdated “Reopened Case Fund.” In 2025, the state assessment rate for workers’ compensation decreased, with a new rate of 7.1%. This reflects the ongoing lowering of overall workers’ compensation costs for New York employers. 

The annual assessment rate has decreased by 35%, from 18.8% in 2013 to 12.2% by 2020. This is mostly due to the Business Relief Act of 2013. In 2018, employer insurance rates declined by the largest amount in more than a decade, dropping by 11.7% and then a further 10% in 2019. Finally, the WCB notes that it successfully defended a lawsuit that would have stalled the closure of the Reopened Case Fund. The WBC called this a relic from the Great Depression and argued that it no longer served its purpose. By winning this lawsuit, the WCB states that it eliminated “unnecessary system costs.” Other cost-saving initiatives include the adoption of virtual hearings, electronic portals, paperless claims, and other new technologies. 

Learn More About Workers’ Compensation Law Trends With Schwab & Gasparini

While online research could be a positive educational tool when learning about emerging trends in workers’ compensation law, employers should know that this landscape is constantly changing. Certain trends may also be more relevant to certain types of employers, and an online article cannot deliver targeted advice based on the specific industry of each reader. A positive source of up-to-date, personalized information could be a workers’ compensation defense lawyer in New York. Whether employers are currently facing active claims or simply want to reduce future legal complexities, a consultation with Schwab & Gasparini may prove helpful. Consider contacting us at (315) 422-1333 for our Syracuse office, (518) 591-4664 for our Albany office, (914) 304-4353 for our White Plains office, or (914) 304-4353 for our Hudson Valley office.

Mon Jul 14 2025, 12:00am