Awaiting the Governor's signature

Section 1. The workers' compensation law is amended by adding a new article 8-a to read as follows:

ARTICLE 8-A
WORLD TRADE CENTER RESCUE, RECOVERY AND CLEAN-UP OPERATIONS

Section 161. Definitions.
162. Registration of participation in World Trade Center rescue, recovery and clean-up operations.
163. Notice; participants in the World Trade Center rescue, recovery and clean-up operations.
164. Disablement of a participant in World Trade Center rescue, recovery and clean-up operations treated as an accident.
165. Reopening of disallowed claims.
166. Liability of employer and insurance carrier.
167. Claims of volunteers.

§ 161. Definitions. Whenever used in this article:

1. "Participant in World Trade Center rescue, recovery, or cleanup operations" means any

(a) employee who within the course of employment, or

(b) volunteer upon presentation to the board of evidence satisfactory to the board that he or she:

(i) participated in the rescue, recovery, or cleanup operations at the World Trade Center site between September eleventh, two thousand one and September twelfth, two thousand two; or

(ii) worked at the Fresh Kills Land Fill in New York city between September eleventh, two thousand one and September twelfth, two thousand two, or

(iii) worked at the New York city morgue or the temporary morgue on pier locations on the west side of Manhattan between September eleventh, two thousand one and September twelfth, two thousand two, or

(iv) worked on the barges between the west side of Manhattan and the Fresh Kills Land Fill in New York city between September eleventh, two thousand one and September twelfth, two thousand two.

2. "World Trade Center site" means anywhere below a line starting from the Hudson River and Canal Street; east on Canal Street to Pike Street; south on Pike Street to the East River; and extending to the lower tip of Manhattan.

3. "Qualifying condition" means any latent disease or condition resulting from a hazardous exposure during participation in World Trade Center rescue, recovery or clean-up operations.

4. "Disablement" shall have the same meaning as defined in section thirty-seven of this chapter and determined by the board in the same manner as provided in section forty-two of this chapter.

§ 162. Registration of participation in World Trade Center rescue, recovery and clean-up operations. In order for the claim of a partic- ipant in World Trade Center rescue, recovery and clean-up operations to come within the application of this article, such participant must file a written and sworn statement with the board on a form promulgated by the chair indicating the dates and locations of such participation and the name of such participant's employer during the period of participation. Such statement must be filed not later than one year after the effective date of this article. The board shall transmit a copy of such statement to the employer or carrier named therein. The filing of such a statement shall not be considered the filing of a claim for benefits under this chapter.

§ 163. Notice; participants in the World Trade Center rescue, recovery and clean-up operations. The notice requirements for injury or death resulting from a qualifying condition for a participant in World Trade Center rescue, recovery and clean-up operations shall be the same as set forth in section eighteen of this chapter, except that the notice shall be given to the employer, or in the case of a volunteer, to the board, within two years after the disablement of the participant or after the participant knew or should have known that the qualifying condition was causally related to his or her participation in World Trade Center rescue, recovery and clean-up operations, whichever is the later date.

§ 164. Disablement of a participant in World Trade Center rescue, recovery and clean-up operations treated as an accident. The date of disablement of a participant in World Trade Center rescue, recovery and clean-up operations resulting from a qualifying condition that is causally related to such participant shall be treated as the happening of an accident within the meaning of this chapter and the procedure and practice provided in this chapter shall apply to all proceedings under this article, except where otherwise specifically provided herein.

§ 165. Reopening of disallowed claims. The board, upon receiving a statement duly filed as required under section one hundred sixty-two of this article, from a participant in World Trade Center rescue, recovery and clean-up operations for a qualifying condition that was disallowed as barred by section eighteen or section twenty-eight of this chapter shall reopen and redetermine such claim in accordance with the provisions of this article, provided that no such previously disallowed claim for a qualifying condition shall be determined to have a date of disablement that would bar the claim under section eighteen or section twenty-eight of this chapter.

§ 166. Liability of employer and insurance carrier. The employer in whose employment an employee participated in World Trade Center rescue, recovery and clean-up operations shall be liable for any claim for a qualifying condition that is causally related to such participation provided that such participation arose out of and in the course of such employment. For the purpose of determining which carrier has insurance coverage of such claim, the date of accident shall be considered the last day of such participation.

§ 167. Claims of volunteers. For persons who participated in World Trade Center rescue, recovery and clean-up operations as volunteers, the uninsured employers' fund shall be deemed to be the employer only for the purposes of administering and paying claims pursuant to this article. Benefits under this chapter shall be payable to such volunteers only to the extent that funds are available out of funds appropriated to the United States Department of Labor under Public Law 109-148 to reimburse the uninsured employer's fund for the payment of such benefits.

§ 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after September 11, 2001 and shall apply to all open and closed claims coming within its purview.

For additional information about compensation for 9/11-related injuries and illness, visit

Sick 9/11 Responders who Missed Workers’ Comp Filing Deadline May Win a Year’s Extension (Update on Safety and Health, June 30, 2006)