News for 9-11 Responders

There’s some good news for Ground Zero responders. Although still stressing the need for a presumption bill, at least responders were given half a loaf by the Governor and state legislature, which extended for an additional year – to August 14, 2008, the World Trade Center Workers' Compensation Registration Program. This program requires all responders who served at Ground Zero, and related areas including the area below Canal Street, the Staten Island landfill, the barges, as well as the morgue and temporary morgues, to file a notarized affidavit (Form WTC-12) with the New York State Workers' Compensation Board certifying their participation in the rescue, clean-up and recovery effort. The form applies to both employed workers and volunteers and requires basic identifying information and a listing of the various duties and places of employment during the one year period following the attacks. Participants should also indicate the name and address of each employer or voluntary agency they work d under. The forms must be notarized and now must be filed with the NYS Workers' Compensation Board no later than August 14, 2008.

Any workers who file the form are eligible to file a Workers' Compensation case, at any time in the future, if they suffer a disabling illness or condition related to 9-11 exposures, provided they file such claim within two years of being informed that they, in fact, have a WTC-related disease or condition. Those who file the WTC-12 are also eligible to re-open a claim which was previously filed but denied because the claim was not filed in a timely manner.

The registration program essentially removes the bar of the two year statute of limitations that ordinarily applies to Workers' Compensation claims under New York law.

EMS workers at private hospitals who participated side by side with NYC EMS workers, received the right to file for a 75% disability payment for accidental disability arising out of their participation in the World Trade Center clean-up. Only about a dozen such workers are affected. Governor Spitzer rejected the legislation as did his predecessor. The State legislature recently overrode the veto with bipartisan support.

New York City and New York State employees who worked at Ground Zero and related areas had been given a “presumption bill” for accidental disability retirement pension purposes. They were required to file the mandatory participation notices by June 14th, 2007. Those who procrastinated were disappointed to learn that the time limit extension did not apply to the pension presumption bill. Workers who delayed filing their participation notices, now find it too late to do so. Hopefully, remedial legislation will be considered when the legislature reconvenes.